ision, but, as long ago observed, it is with
governments, as with religions, the form may survive the
substance of the faith.
[Footnote 1: _Champion v. Ames_, 188 U.S., 321.]
[Footnote 2: _Hammer v. Dagenhart_, 247 U.S., 251.]
[Footnote 3: _United States v. Doremus_, 249 U.S., 86.]
Whatever view one may hold to-day as to the question of expediency, no
thoughtful mind can escape the conclusion that, in a very real and
practical sense, the Constitution has changed. In a way change is
inevitable to adapt it to the conditions of the new age. There is
danger, however, that in the process of change something may be lost;
that present-day impatience to obtain desired results by the shortest
and most effective method may lead to the sacrifice of a principle of
vital importance.
The men who framed the Constitution were well advised when they sought
to preserve the integrity of the states as a barrier against the
aggressions and tyranny of the majority acting through a centralized
power. The words "state sovereignty" acquired an odious significance in
the days of our civil struggle, but the idea for which they stand is
nevertheless a precious one and represents what is probably America's
most valuable contribution to the science of government.
We shall do well not to forget the words of that staunch upholder of
national power and authority, Salmon P. Chase, speaking as Chief Justice
of the Supreme Court in a famous case growing out of the Civil War:[1]
The preservation of the states, and the maintenance of their
governments, are as much within the design and care of the
Constitution as the preservation of the Union and the
maintenance of the National Government. The Constitution, in
all its provisions, looks to an indestructible Union composed
of indestructible states.
[Footnote 1: _Texas v. White_, 7 Wall., 700.]
IV
THE EIGHTEENTH AMENDMENT
Could Washington, Madison, and the other framers of the Federal
Constitution revisit the earth in this year of grace 1922, it is likely
that nothing would bewilder them more than the recent Prohibition
Amendment. Railways, steamships, the telegraph, the telephone,
automobiles, flying machines, submarines--all these developments of
science, unknown in their day, would fill them with amazement and
admiration. They would marvel at the story of the rise and downfall of
the German Empire; at the growth and present greatness o
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