Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1871-07-01
The Supreme Court and the AmsHd-
merits,

haaAe@a
From the Louisville Ledger
We do not think any legal mind.
after having carefully considered the
question, can doubt that the Supreme
Court may take jurisdiction, and, Il
the recent amendments to the COnsti.
tuition, or either Of them, we're not
proposed and ratified 10 accordance
with the requirements Of the fifth
article or the original document, may
adiudge them, or either Of them, in
valid. On the subject Of the judicial
power under our Government, CHIEF
Justice Marshall, Of the Supreme
Court, used the following language:
awhile weighing arguments drawn
from the nature Of the Government,
and from the general spirit of an in
strument, and urged for the purpose
Of narrowing the construction, which
the words Of the instrument seem to
require. it is proper 70 place in the
opposite scale those principles, drawn
from the same sources, which 20 to
sustain the words in their full opera
ton and natural import. One of these,
which has been pressed with great
force by the counsel for the plaintiffs
in error, is, that the judicial power OF
every well constituted Government
must be CO extensive with the legisla-
tive, and must be capable Of deciding
every judicial question which grows
out Of the constitution and laws. Ifany
proposition may be considered as
political axiom, this, we think, may
be so considered" (Cohens VS.. Viz
GINA, 6 Wheaton, 3S4 to 1907
II the judicial is c~O-eXtensive with
the legislative power Of the Govern
ment. il follows that whatever acts
the legislative department may pro-
Ralgate must be subject to revision
by the Judiciary, at least so far as to
test the conformity TO the fundamental
law, which prescribes and circum-
scribes the functions and powers Of all
the departments. And can any one
contend that an amendment to the
constitution is an exception to this
rule? It as certainly grows out Of the
constitution as any act OF Congress,
and Is no less exempt from revision.
Whence the difference? However,
the question is not an open one; it has
long since been decided, and we need
not argue it further.
That the Supreme Court may take
cOgnizsnce of the regularity Of the
adoption Of amendments to the con-
stitutiOn was clearly assumed by that
tribunal as early ss 1898, when a case
was heard (HolliDgsWOTth ct al. VS..
Virginia. 8 Dallas 378 to 1922 invOlv-
ing the validity Of the eleventh ar
ticle of the amendments to the consti-
ton. The proposition mainly relied
by plaintiffs was, that 1.-THE
amendment has not been proposed IN
form prescribed by the Constitution,
and, therefore, it IS void" At this
proposition the court was not startled
Ia the slightest degree; did not think
81 the supremacy Of the political de-
partment' Of the government, but
heard the arguments, considered the
questions raised, and adjudged that
the amendment was "cOnstitutiOnally
adopted" end consequently oveTruled
The plea-necessarily implying that II
Il had not been "cOnstitUtiOIally
adopted, Judgment would have been
70 pronounced. In that case the
of objection was that the reso-
luton Of Congress, proposing the
amendment TO the States, was not
by the President. This, the
court decided, is not necessary; but
.he inference IL unqUestiOnable, that
4 the learned judges had been Of opin-
on that the signature of the President
IS necessary to the proper submission,
hey would have held the amendment
.nvalid-in other words, that the
court entertained jurisdiction over the
question.
Now this is al we contend for in re-
to the Fourteenth and fifteenth
we're not ''constitutionally adopted, y
and upon this we desire the judgment
d the Supreme Court. We contend
hat neither of these amendments was
sonstitutionally proposed to the States
or ratification, to say nothing OF the /
many circumstance OffOnce and fraud
yitsate the pretended ratifca-
ion.
II will he borne in mind that the
article Of the Constit9tou provides
hat 'tths Congress, whichever two |
birds Of both Houses shall deem g
lecessary, shall propose amendments.
i, section L makes Congress
onsist Of the "SeHate and House Of
Representatives Sections z and 3
,rovfde: 9The House Of Represen-
stiVes shall be comd Of members
hoeea every second yeaR by the peo-
.ia a. TIE seEexa3 States
The Senate &c Ne United States
ball aompesed 81 Fo Senators
Rhosau nT5i