The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1868-01-20
Congress and the Supreme Court.

From the Providence, Rhode Island, Journa
| (rep.)
1t was with no little concern that we re
ceived intelligence of a possible collision be
tween Congress and the Supreme Court o.
the United States. That high tribunal, in
the performance of its legitimate functions
Will never be involved in the politics of the
day, nor will it ever decide questions merely
| political IN their nature and bearing But
still, in the causes which it is called upon 10
| try, It's decisions may be such as 10 anuul
an act OF Congress which had political or.
igln, or has incidentally been made an arti
Gle IN the creed OF party. This liability is
inherent IN the very duties it is appointed to
perform. Its Judges, whatever their ante
cedents NAV have been, cannot be of any
political party without lowering their char.
aeter as Judges, and perilling the great re.
sponsibilities entrusted to them. The theo-
~ OF our Supreme Court, as indicated in the
Constitution, vests that tribunal with sim
pie authority and majesty that finds paral.
lell IN no other country. In Great Britain il
Is the Parliament that is theoretically omnip-
otent. and the Judges, high as their func-
tons are, can Only interpret its acts and ad-
minister its DEGREES. In France, both the
Legislature and courts are alike subseryient
to the interests of that ruthless Imperialism
which has taken possession of all depart
men's OF the Government. In the United
States, however, the judiciary is made the
interpreter OF the Constitution as we'll as the
laws; and, on the questions which are
brought before them, the Judges may be
called upon to decide what are the true linn
tations, not only to the legislative or execa
tive authority of the States, but even to that
OF the United States. They not only inter
pref and apply the laws, but they may also
SIT IN Judgement upon their constitutionality
and thus IN reality they may, in particular
case, undo what Congress itself has done.
Our Government used formerly to be de.
scrioed as one of checks and balances, in
which each of Its three great departments is. in
some degree, restricted by its relations to the
other two If this was so at the beginning
1t is so now for nothing has ever changed
Its original character, and any Legislation or
any political action that should attempt to
change it, would, of course, be null and void.
Most of all does the Judiciary stand in the
Constitution above the reach of party agi,a
tons, or the possibility of curtailment in its
rlghttul authority, by any other hand of the
Government. As was said by one of our
greatest men, 'to this department of Govern |
ment we cannot ascrihe too much import.
ance. Over this we cannot watch too Jealous |
~ Every enoroachment on its independ- |
,nce we should resent and repel, as the |
,hlef enemy our country can sustain"
Ihe Supreme Court, as is well known, has.
n repeated instances, in the trial of causes |
brought before 1t, pronounced acts of Con
'ress, however solemnly passed, to be uncon-
and these acts Immediately be.
anne null and void in consequence. In SIM
Jar circumstances, the same thing may, of
:ourse' be done now. The suggestion that
congress may retaliate upon the Court by
hostile legislation is a suggestion that finds
10 support or countenanee in the Constitu.
ION, nor will it find much among the neo.
Ne. We have had quite enough of this kind
+ legislation already, in the quarrel between
congress and the President, and we shall re.
ret exceedingly to see it repeated in any
'ossible collision between Congress and the
supreme Court Let nothing, we say, be
tempted in Congress in relation to the Su.
IRENE Court that SHALL in the least degree,
station.