The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-02
A DEAD Law.
The Enforcement Act-COnscqucnCcs a
the supreme Court OeclsOn.
Now York Tribnne1

| lNfW loIh IElbuutI
| One hole il enough to spoil n balloon. The
Supreme Court finds but one hole in the En-
| forcement Act. but that one is quite enough TO
make the entire net poweress and practically
void. For il Is flaw in the sections which pro-
scribe penalties for the commission Of oifenscs.
In the decision of the Kentucky ease. sections
| three and four of tho Enforcement Act are held
to be unconstitutional. on the ground that. upon
a strict construction Of their terms they impose
penalties for acts which the previous sections
| Of the act had not declared offenses. and
| which Congress had no constitutional power
to declare, oiIenses against the United
States states The h.; Court held that being
unconstitutional. and. therefore invalid in every
| partcular-that the courts have no power to say
hat pr2ysion T WI a. IN any respect violates
or 90 determine to what extent. The objection
is narrow and sharp one, but It punctures the
sections were not 50 worded rs to limit the PEN
alties imposed to tho performance Of acts which
can .constitutionai!y be made offenses against
| The Court has no power to legislate-to remake
an act Of Congress. IN the singularly terse and
fotrciblo language q Chief Justice Waite
turc could set q net large enough to catch all
possible offenders. and leave i e th9 courts to
tanned and who should be set at large. This
| would q some extent substitute tho judicial for
the Legislative department Of the Government
ascertaned If within constitutional grants of
power. Within its legitimate sphere Congress
Is supreme. and beyond the control OF the
| courts, but III it steps outside of its consttu-
tional limitations. and attempts that which Is
beyond its reach the courts arc authorized to-
and when called upon in due course Of legal
proceedings, must annul its encroachments
upon the reserved power of tho States and the
people To limit this statute in the manner now
enforce m old ono. This il no part Of our duty.
We must therefore decide that Congress has not
as yet provided by. appropriate legislation for
the punishment OF the offonse charged in the
Indictment.
This Is one Of the most remarkable and i'm
portant decisions eyer rendered by the Supreme
Court 1t marks the commencement of a new
era In tho exercise OF legislative power. During
and since the war Congress has often acted as #
sds Of IFS no, mercy W,n put out
error in this direction there was much excuse.
a powerful party Professionally tried to make the
Constitution OF the United States the left wing of
Lees army. The same party had so construed
the Constitution as to make 1t the bulwark of
slavery. Public opinion recoiled. 1t not only re-
Jected with Indignation those constructions
which would have deprived the Union of power
TO defend itself against armed rebellion. but
with natural exaggeration. sustained Congress
IN tho assertion OF its power, even after the war
to adopt any measure which it deemed neces-
sary for the public welfare. Then. greedy or
malignant craftsmanship began t, demand as
necessary to the public welfare measures which
were only needful for the maintenance of un-
worthy or, corrupt men Ia power OF these
measures the Enforcement act was one of the
most odious. Under it shameful abuses have
been perpetrated. No calm and reasonable leg
lslhture would nave taled to see that such an
act would invite the gravcst abuses no lceisla-
ture animated by q profound reverence for the
Go sttution would have passed so far beyond
the limitations of its power.
The passion which in those days blinded MANY
eyes has somewhat cooled. Public opinion nj
last perceived that though enemies of the Union
had tried to prostitute the Constitution TO dis
loyal uses. still the Constitution must be reye-
renced and obeyed as the only safeguard of free
institutions. very large proportion of Repub- |
lican voters. seeing the Infamous abuses caused
or shielded by such measures as the enforce |
ment act, were led to reali o that those acts |
were both dangerous and unconstitutional |
For a time craftsmanship stubbornly re- |
sisted. and oven tried to push still further In |
the t force bin. Republican defeats manifested
we have from Republican Supreme Court. in |
THIS mastery decision. astern veto OF such egis-
!ation. There will never be an attempt to cure
by amendments the defects in the enforcement
act. Those defects alone made it useful to un-
scrupulous partisans; IL 1t had not gone beyond
Inc constitutional power of Congress. it would
not have been demanded. 1t will lie dead upon
The statute-bcok to remind future generations
q Americans that no conceivable abuse Of the
Constitution by one party can justify disregard
d the Constitution by the other.