Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1868-03-28

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ell.rJi- ths slu-4Ieszut majority In
Cuu-rs-- Tao u4e..arc- Ar rcv
y.cnd.us lihey have already passed
ihe House which. If cou>ummaie,l,
tend 10 revolaiiunize the govern
ment. The frat. in direct violation
of the Cor s,tution. takes AWAY from
the President the command of the
army and the execution of the laws
in ten States of the Union. ltp!accs
the command of the army and the
execution of the laws in the hands of
the General, independent of the
President, who ceases thereby to be
the Commanderin-Chicf. In a
word, it creates an absolute dictator
ship.
The other measure aims to subor-
dinatc the judiciary Department to
Congress also. The number of the
Judges of the Supreme Court is
eight, and this bill proposes that no
judgment shall be pronounced against
the validity of a law of Congress eX-
cept by two. thirds ofthc whole num-
bcr of the jndgcs. Two-thirds of
eight are more than five. TO be
precise, two-thirds of eight is five
and one-third. AS the opinion of Il
judge cannot be divided, and must
be wholly for or wholly against the
validity of Il law, the practical effect
of requiring two-thirds of eight indg-
es to concur is the same as if three
tourths were required. Six judges
must concur in opinion to weigh
down the opinions Of two.
This is placing false weights in
the balances. This is placing in the
balances, in favor of any usurpation
Congress may attempt against the
Executive or judiciary department,
the weight Of three opinions in all
vance, tixc1-immovably fixcd-by
law. 1t leaves the point to be dccid-
ed by majority of five opinions
only. If the three of the five shall
decide in favor of the validity of the
law, Congress is to be sustained in
any usurpation it may attempt. We
all know, as power always tends to
cnlargc inself, that constitutions are
made on purpose to defend minori-
ties from being trampled upon by
niajorities. Majoritics are powerful,
and able to protect themselves.
The Supreme Court was estab-
lishcl as a tribunal of last resort {;
to uphold the Constitution as the
supreme law over Congress, as well
as over all else to hold just and
even balance in our system; and to
determine the boundary line between
the powers delegated by the people
to the Federal Government, and
those which were reserved to the
States. In the strong language of
him who has ever been revcred as
the father of the Constitution
"Thc plain fact of the case is. that
the Constitution of the United States
was created by the people composing
the respective States. who alone had
the right; that they organized the
government into legislative. cxecu-
tive and Judicial departments. dele
eating thereto certain portions of
power 10 be exercised over the whole
and rcserving the other portion To-
Themselves respectively. A. these
distinct PORTIONS IF power were 20 he
exercised t,y the -esersl =overHlaesss
and by the Stale SsV~rnnaeuf<. ~
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