The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-01-26
Overriding the Constitution.

1t is high time that the public looked the
facts In the face and saw just what the Dem
ocrats are trying to do. The Constitution
OF the United States provides that Congress
shall have the power to make or alter regu-
lations for choosing Senators and Represen-
tatives. The comforting upon legislative
body of the power to do a certain thing nee
essnrily carries with it authority to exercise
that power, for If it does not the grant is
nugatOry and. mt aningless. In conformity
with the Constitution Of the United States
Congress has undertaken to fix rules for the
election of members of the House of Repre-
sentatives. Whether it is wise for Congress
to do SO or not is matter of no consequence
as affecting its right to do SO. Congress is
supreme within Its sphere, and it is clearly
acting within its sphere when it undertakes
to alter existing regulations for the election
OF Representatives or make new ones. When
the Constitution says Congress may do such
and such things, the meaning is that ma
]orlty OF Congress may do them. Everybody
admits that. Nobody claims that every
member OF the Senate or House of Repre-
sentatives must concur In measure to make
1t valid law. If a majority of both houses
consent that is enough. Now there is onIv
one possible way In which it can be deter
mined whether majority does or does not
concur, and that is by vote. To prevent
vote. therefore. is to prevent Congress from
exercising Its power to make or alter the
regulations for the election of Representa-
tives, which is equivalent to depriving it of a
power conferred upon it by the Constitution.
The quality of the act is not affected by the
method employed. The undertaking to pre-
vent vote on any matter over which Con-
gress has jurisdiction is itself defiance of
the Constitution; and the means EMPLOYED
are of little consequence. The Demo-
cratic Senators openly avow it to be their
purpose to prevent vote on the election
Dill In order that Congress may not be able
10 exercise the power which the Constitu
ton has authorized and instructed it TO exer-
else whenever In its opinion such exercise
will conduce to the general welfare. The
talk about the election bill being partisan
measure, or an outrageous measure is not
germane to the question at issue. So long as
the measure is one within the scope of the
powers OF Congress granted by the Constitu-
ton 1t is a measure which Congress has the
right to pass II 1t sees fit. And Congress can
not be deprived of that right, in the way
the Democrats are seeking to do. except by
overriding the Constitution.
Surprising the pending measure was one TO
suppress rebellion In section of the country.
and the members from that section should
undertake to prevent its passage by such
tactics as the Democrats are adopting to de-
feat the elections bill The public wonld
readily see the iniquity of flibustering in
that case. Yet the flibustering in that case
would be no greater defiance of
the constitution than 1t is in the case
under consideration. If the right Of
a minority to deprive Congress of its
constitutional power In one case be admitted
1t cannot be denied in the other. The Con-
stitution has provided perfectly efficient |
way for the correction of bad legislation by |
Congress through an appeal to the people, |
The Democrats profess to believe that the |
legislation that Congress is now ATTEMPTING
to pass is distasteful to the pc ,ple. Then whv
not trust the people to correct it? Wbv re-.
sort to revolutionary proceedings to prevent
itF Why defy the Constitution of the