The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-06-09
SUPREME COURT FORCES ITS
WAY OVER THE CONSTITUTION

gress by two Senators; that the States
shall elect Representatives in Congress,
and a multitude of other such provisions
that do not relate to. the territories at all.
However those clauses may be construed,
the Constitution is fully operative in the
territories so far as any of it's provisions
have relation to the territories.
So far then as Justice Browns illustra-
tions go to show that some clauses of
the Constitution do not apply to terri
tories, while others do, his argument does
not reach the point-which is that no part
of the Constitution is operative in our
insular possessions.
Heretofore it has been considered that
the Constitution was operative in the ter
ritories. and the only question was
whether any particular provision related
to the territories or not Now, as to our
insular possessions, five of the justices
say the Constitution does not operate at
all in our insular possessions. So it
would seem to be a waste of time to con-
slider what any particular clause of the
Constitution means, if, in any event, the
Constitution has no force in those pos
sessions.
But finally Judge Brown concludes that
when Congress may choose to do it, 1T
can extend the Constitution over those
parts; and when Congress shall once de-
clare the Constitution operative in our in
sular possessions, or other possessions,
that declaration fixes it as a inality, and
it can never be undone.
With regard to territory purchased by
US or conquered by us from foreign ma
lions, it is eminently reasonable that
speedily after the cession is completed,
Congress should formally announce the
fact, and because of the fact, the Con-
stitution becomes the supreme law in that
region 1t does not become the supreme
law on the ipse dixit of Congress, but be-
cause Of the fact that the cession is COM
pleted. and the land has become our land,
part of our country.
In determining whether the tariff duties
for Porto Rico are lawful or not, it
would seem to be superfluous to consider
the provisions of our Constitution, if the
Constitution is not operative.
Clearly if the Constitution of the United
States does not apply, there is no more
to consider the Constitution and Govern
ment of Australia. in determining the
question. While Justice Brown doubt
less realized that, yet he probably felt
bound to look into the Constitution some
what; and he did so. without, however,
finding anything that would prevent Con-
gress from having one set of duties for
our continent and another set for our
possessions, but he found enough to drive
him to this postion-that in order to sus-
tain the Porto Rico tariff, it must be held
that Porto Rico is not under our Consti
tuition.
And so, in order to sustain the tariff
bill, he had to limit the operation of the
Constitution.
The reasonableness of that decision is
now a subject of public discussion.
First, as we have mentioned. there are
limitations in the Constitution on the
power of the United States, and on the
power of Congress. And it has always
been held that neither Congress nor the
United States can lawfully do what the
Constitution prohibits. If there is a de-
feet of power the act can not be lawfully
done.
AS the chief causes for adopting the new
Constitution were because of revenue, and
duties and commerce, and to prevent one
State from interfering with the com
merce of another, the provisions of the
Constitution in relation to those matters
are explicit and full. The Constitution
reads The Congress shall have power
- q
and excuses. to pay the debts and provide
for the common defence and general well
fare of the United States, but all duties,
imports and excuses shall be uniform
throughout the United States.
To borrow money on the credit of the
United States.
To regulate commerce with foreign ma
tions and among the several States, and
with the Indian tribes.
To establish an uniform rule of natural
ization and uniform laws on the subject
of bankruptcy throughout the United
States
To provide for the punishment of count
erfeiting the securities and current coin
of the United States.
To establish postoffices and postroads,
&C."
Now here are general powers and duties
to be exercised with respect to the entire
extent of our land The designation of
the United States in those provisions APP
plies to the country as an entity-to the
whole country-iust as the Constitution
and the laws made in pursuance of it, are
the supreme law of the land-of the en-
tire country.
Congress is to provide for the defence
and welfare of the United States, and all
duties are to be uniform throughout the
United States That is, the entire length
and breadth of the country is meant
One of the very objects to be attained was
to have uniform duties throughout the
entire country and the Constitution is
explicit on that point. The territories
were embraced as well as the States. 1t
must be remembered that not only was
the region embracing Ohio and Kentucky
but also Florida, Alabama, Mississippi
and Louisiana were at different times
mere territories AS soon as those regions
became parts of the United States, this
provision that duties must be uniform.
became the law of the land as to them.
1t is because of this and similar proVi-
sions in the Constitution, that make The
Constitution the supreme law of the en-