The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1871-04-15
SATURDAY. APRIL II. 1871.
That insane Democratic Idea OF she
Conatitutioxf.


In the Virginia Enterprise OF the 9th instant En T.
dele Appeared over the signature Of . correspondent
that contained several propositions e1exetical Of the
Constitution. which clearly errors not
end which may glide unnodeed with passing events
but which fundamental and destructive to our
system OF government The writer says '.the Supreme
Court has no more to do with annulng the whole Of
erany part Of any amendment to- the Federal Con-
stitntion than have" We agree that the Supreme
Court has nothing to do with annulins the whole Of
Or any part Of the Federal Constitution. or any amend
nent made pursuant 10 It, in accordance With tn.
express assent OF all the States but those parts
p1rportins TO be amendments Of that instrument 1t
hAA TO do WITH for 1t has original and appellate ju.
risdiction Of all In Law and equiv arising under
the Constitution" Now, II the Constitution provides
the manner Of amending t,self. II has nowhere s1.
eepted that part from the exercise of this interpreting
power OF the Court EksL It IL the only source Of
constitutional Interpretation OF the word sndnent
there used and II what purports to be amendment
10 not. matter what else may be- who will declare
Il II noo tAs supreme Court In what other depart
nent Of The Government has the power &C interpreta
ton been plscedt No will have the boldness
Is any where else but in the judicial department
Sow. amendment Is DEFINED TO be suGh =
enc As will not materially change the original com
pact" then anything proposed amendment
which can not be construed thus, must be rejected
by the eIsgess Of the Court II will be void and Of
NO effect. Then, too the manner Of amendment: An
amendment illegally ratified is law statute ille-
gAlly pAssed-pun- These propositions which
must be acted upon whenever the sonstutionaliy Of
the Fourteenth and Fifteenth Amendments is tested
Tho Supreme Court Is the arbiter the States IL de-
nnes the extent of the powers delegated the General
Government, and declares that the balance Of the
power belonging to independent States remains the
several States. Right here. notice the original
compact II is in general terms 50 much power given
by the several States TO make government for their
mutual protection, acting their child
To make this and give It supremacy required
assent Of all the States. and 1t binding only on
thoss Who gave their assent. Now. AL amendments
must Be amsndatory Of this particular grant Of
the power granted. for that much by the original
Agreement and neither be increased nor diuin-
ished without unanimous consent but OF tue manner
OF its exercise and for this the will Of threefourths Of
Court shall declare that 70 delegate = and indie
pendent right 10 the General Government requires the
assent OF all the states, and that the AGREEMENT
amendments do convey such right, then they not
part OF the Constitution. Here is the fell on which
the two great Political paTses have met The isrues
OF the conflict age known to all, whether covered N
the metaphysics subtleties OF reconstruction, or
whether a. they appear in the duress OF the
the people a-e blinded by the splrndor glittermg
bsyones- The people behold their edihcs lettering,
and arc pushing forward 10 the roIteuness
Washington. They that the revolution insugu-
rated by the Republican party means the destruction
OF our Constitution and the liberties IL guarantees
Soon 1t will be hrmly replaced Its friends Will be
gathered about IL, and cursed be the hand that Is
raised against il.