Bloomsburg democrat. [volume] (Bloomsburg, Pa.) 1867-1869, 1868-05-20

Judge Woodward's Bill.

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Judge Woodward's Bill.
While our government was administered
by honest agents, its machinery seemed Il
be perfect in all its departments, because j
always worked we'll. Governmental oppres
sion and individual wrongs we're unheard Of
and not until the political buszards wht
have for seven years past, controlled its af
fairs was it evet dreamed that both tht
Constitution and the laws made in accord
ance Herewith failed to accomplish thcil
legitimate purposes. When, unfortunately,
the President and tho Infamous Congress
assumed belligerent positions and warred
upon each other, it was discovered thai
there was no law upon the statute books to
control them and keep them within legiti.
mate bounds, hence Judge Woodward has
introduced the following bill, which will in
the future settle such miserable conduct o.
We have beheld at Washington for the past
two years. Had such o lAw been 10 exist
ence, the whole of the present difficulties at
Washington would have bcen:obvisted, and
the conflict, which is distracting tho entire
nation, stagnating business, destroying con.
fderc undermining the whole structure Of
our Government, and threatening its over
throw, would have been avoided. It is to
be hoped that Judge Woodward's bill will
receive at the hands Of Congress the atten.
ton it deserves, and:that, instead Of depriv.
ing the Supreme Court Of its constitutional
functions, Congress will enlarge it's jurisdic.
ton, and thus strengthen this grest. .bulwark
Of our national liberties:
SEC. l. BE Il enacted by the Senate and
House Of Representatives of the United
States Of America in Congress assembled,
That whenever any act Of Congress shall
hereafter be voted by the President on the
ground Of the ..unco nstitutionality of any o
its provisions, and shall afterwards be en-.
acted into law by vote Of two.thirds Of
both houses. Notwithstanding the executive
veto, it shall be lawful for the President TO
order the Attorney General to draw upssand
file on rcord in the Supreme Court Of the
United States q feigned issue, with such
pleadings as shall be necessary and proper
to raise the constitutional questions suggest.
ed in the veto message Of the President, and
to test the constitutionality Of such parts Of
said enactments as were specially objected
to by him on constitutional grounds, but
which issue and pleadings shall be so drawn
as to put in issue no other questions what
soever. ...
Sec. 2. And be it further enacted, That
Immediately on filing said issue and: plead
ings Of record in the Supreme Court, q
certified copy thereof shall be served by
the Attorney General or by some person
appointed by him, upon the Speaker Of the
House Of Representatives for the time be-
ing whose duty:thereupon t.shall be to ap.
pear on record by himself or counsel, to de-
fend the constitutionality Of said enactment,
and thereupon the Court shall, on applica.
ton Of counsel, make all necessary orders
for advancing said issue to argument and
tor hearing argument thereon at the earliest
practicable period Of their session in banc,
and upon entering Judgment in said issue
the Court shall file their written opinion
upon every constitutional question therein
raised and each and every enactment Of
said act Of Congress which shall be adjudg.
ed unconstitutional shall thenceforth be
held and taken to be null and void /; but
until such judgement is pronounced, the
same shall be deemed constitutional and
valid.
SEC. 8. And be it further enacted; That
it shall be lawful for the Attorney General
in preparing said issue, to use the names of
real parties, if any such have an interest in
the questions to be tiled and decided, or
fictitious names at his discretion; and all
costs, fees and charges attending said pro.
ceeding. including those Of the Speaker Of
the House Of Representatives or his coun.
sel, after being duly audited at the Treas.
ury Department, shall be paid upon war.
rants Of proper officers out: Of any moneys
in the Treasury Of the United States not
otherwise appropriated by Law.
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