The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1868-02-13
RANDOM THOUGHTS No. =.
ny THE EDITOR.

weeks ago, III connection with Other
articles upon the same subject. have
not room for the article in the Journal
1t is an able argument, and takes the
ground that when the constitution was
formed, the word "Court' had acquired
a definite meaning, and meant a ma
jority of the judges composing the
Court, Ihe same as the word Jury
meant twelve men, and that Congress
now has no authority to say that the
Court shall be composed of two-thirds
of the judges. The Journal is anxious
to abide by the constitution. That is
right, and | will hold it to that position.
"Thou hast appealed unto Caesar; unto
Cesar thou shalt go"
l will now take the ground that the
constitution of the United States no.
where gives the Supreme Court the
authority to set aside an act of Con-
gress, and that Congress cannot give
two thirds, or any number of judges
that authority.
The very first article and first sec
ton Of the constitution provides that ::
"Al legi gislative powers herein granted shall be
vested In Congress of the United States, which
shall consist of Senate and House of Repre-
sentatives."
The 7th section provides at length
how laws shall be enacted. When a
majority Of both Houses pass bill, and
it is signed by the President, it shall
become law. If the President object
to signing it, and it is afterwards pass
ed by two thirds majority in both
Houses, "H shall become la.c."
In England the courts never decide
a law not to be a law; so the trainers
OF the constitution must have used the
words Legislative powers, and "law,"
in the sense in which they were used
in the Mother Country, meaning laws
that must be obeyed by the courts.
Where does the constitution require the
concurrence of the Judiciary to render
a law of the legislative department of
the Government valid? No where.
have often wondered where the
idea originated that the Supreme Court
is the peculiar guardian of the consti-
tuition. The President must take an
oath to ''preserve, protect and defend
the constitution" lie has the qualified
veto power; and yet, even Chancellor
Kent admits that when a law is legally
and constitutionally enacted by Con
gress, the President has no discretion
in the matter, but must see that such
law be faithfully executed, although he
may be fully satisfied that such law is
in direct conflict with that constitution
which he has sworn to preserve, pro-
tect and defend"
1t has been held that the legislative
department of the Government has no
power to delegate its functions to any
other power, not even to the people
themselves So a law TO take effect
upon a sanction given by vote of the
people, is no law, as it is not enacted
absolutely by the Legislative department
the only law making power. Then
If Congress cannot delegate legislative
powers to the people, much less can it
delegate that power to n majority, or
to two thirds Of the Supreme Court.
The only possible shadow of a power
in the Supreme Court to set aside an
act of Congress, is that clause of the
constitution which says;
The judicial power shall extend to all cases
in law and equity, arising under this constitu-
ton, The laws of the United States, and treaties
made, or to be made" &c.
If this proves the power to set aside
laws and treaties, it also proves the
power to set aside the constitution it.
self, for the constitution and the laws
are placed in precisely similar condi-
tons in this respect,
My conclusion thenis this: Congress
is the sole legislative power. When
it enacts law in conformity with the
provisions Of the constitution, it re-
mains a law until repealed by the Same
power which created it, The President
is compelled to see that il be faithfully
executed. If he fail to do so, he should
be impeached and put out of office. 1t
is no excuse for him to say that the
Supreme Court has decided that such
is not law, because the constitution no
where gives the Court that power IfI
the Court attempt to exercise powers
not granted in the constitution, the
judges should be impeached and put
out of office This is the only course