The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1860-05-30
That Supreme Court Question.

Eg We notice that our neighbor still
insists that we are not only politically
heretical, but traitorous, in contending
that the Judicial is not above the Legis-
lative and Executive departments of the
government, but simply on an equality
with them. All we can say of the mat
ter this week is that we are in very good
democratic company, whether our neigh
boris conclusions are correct or not. To
satisfy him on this point, we make one or
two short extracts. Mr.. JEFFERSON wrote
to Mr.. TORRANCE, on the 18th of June,
1915, AS follows:
The second question, whether the Judges
are invested with exclusive authority to decide
on the constitutionality of law, has been here
tofore subject of consideration with me in the
exercise of official duties Certainly there is
not a word in the Constitution which has given
that power to them, more than to the Executive
or Legislative branches. Questions of proper
ty, of character, and of crime, being ascribed to
the Judges, through definite course of legal
proceeding, laws involving such questions be-
long, Of course, to them and as they decide
on them ultimately, and without appeal, thew
of course decide for themselves. The constitu-
tional validity of the law or laws, again, pre-
scribing Executive action, and to be admins
tered by that branch ultimately, end without
appeal, the Executive must decide for them
selves also, whether, under the Constitution.
they are valid or not. So, also, as to laws gov
erning the proceedings of the Legislature-that
body must judge for itself the constitutionaltv
of the law, and equally without appeal or con-
troll from its coordinate branches"
Is that political heresy I? Did THos.
JEFFERSON know anything about the pow
ers conferred by the Constitution Was
he traitor ? Now hear what President
JACKSON said in his message on the 10th
day of January, 1882:
:" If the opinion of the Supreme Court cover
ed the whole ground of this act, it ought not to
control the coordinate authorities of this gov
eminent The Congress, the Executive, and the
Court, must each for itself be guided BY its own
opinion of the Constitution. Each public Off
Ger, who takes an oath to support the Constitu-
ton, swears that he will support it rs he under
stands it, and not as it is understood by others.
1t is rs much the duty of the House of Repre-
sentatives, of the Senate and of the President
to decide upon the constitutionality of any bill
or resolution which may be presented to them
for passage or approval, as it is for the Supreme
Judges, when it may be brought before them for
judicial decision. The opinion of the Judges
has no more authority over Congress than the
opinion of Congress has over the Judges and,
on that point, the President is independent of
both. The authority of the Supreme Court
must not, therefore, be permitted to control the
! Congress or the Executive when acting in their
Legislative capacities but to have only such in
fiuence as the force of their reasoning may de-
serve.'
We might put Mr.. BUCHANAN on the
same record, but as that gentleman re-
ceives none of the editors respect, pro-
badly his opinion would have but little
weight. If our doctrine is traitorous,
then the founder, and the greatest apos-
tie, of that democracy for which the ed
itor processes to have great veneration,
were evidently traitors. Will he so &C
cuse them?