The commercial. (Union City, Tenn.) 190?-193?, 1901-06-07
WASHINGTON LETTER.

The Constitution has stood some
hard knocks in the past from par
tisan decisions of the United States
Supreme Court, and it will stand
the extraordinary and contradic-
tory decisions .anded down last
week in the lnsular cases. AL
though for the time being these
decisions give the Administration
a free hand in carrying out its i'm
perialistic colonial policy, they
will doubtless make enough Dem
ocratic votes among the serious
minded, who believe Congress to
be the creature of the Con sitution,
instead of the Constitution being
the football of Congress, as the
principal one of these decisions
practically holds it to be, to elect
the next President. There is not
the slightest doubt that a majority
"a vast majority-of the people
of this country regard the Consti-
tuition as the best protection of
their liberties, and to doubt that
they will resent its being juggled
with In order to make it meet the
exigencies of the Mckinley Ad-
ministration is to doubt their in
telligence. Democrats, of course,
regret that this decision was made,
but they find consolation in the
belief that it will result in hasten
ing the return to power of the
Democratic party. which has ever
been the defender of the Constitu-
tion and a firm believer in its
strict construction.
Senator Bailey, of Texas, who
has an established reputation as an
able exponent of the Constitution,
said of the United States Supreme
Court: s'The decision is certainly
bad enough, but it is not SO bad as
the Administration papers are
claiming. The friends of the Ad-
ministration are congratulating
themselves much too early if they
think the Administration relieves
them from the embarrassment of
Constitutional restriction in deal
ing with our new possessions.
They will find the question of tax
alton one of the least among the
perplexities of colonial policy;
and they can only carry out
their plans for governing these is
lands by setting aside other and
greater constitutional provisions.
The court is apt to find that the
next case will not furnish it with a
subterfuge like the words The
United States to which it can linn
i Constitutional guarantees. 1t
will be compelled sooner or later
% meet the proposition as to
whether Congress can enact laws
for these insular possessions which
ire contrary to the express inhibi-
ions of the Constitution. The de-
'ision standing by itself will be-
,ome the source of endless mischief
ind confusion. But its harm will
lot end there. Following SO
closely upon the decision in the
ncome tax case, it will inevitably
'onvince the people that the Su-
,reme Court of the United States
holds the laws of Congress consti-
utional or unconstitutional, ac-
ording as it deems them wise or
Inwise. With the wisdom of the
aw the court properly has no con-
ern, and its only inquiry ought to
'e whether the law is or is not
Constitutional. For many years
his rule was followed by the
ourt, and then its decisions we're
by all men; but / regret
0 say that at this time the convic-
ion is almost universal in the pub
g mind that the most important !
ecisions are political rather than (
lidcial." K
Presidential booms have been
efore now constructed of flimsy i
laterial, but nothing was ever I
imsier than the material out Of
'hich a few Republicans are try |
lg to build boom for Senator ,
'oraker-the decision of the Su- a
RENE Court that the Foraker s
orto Rico tariff act is constitu- i
onal. There is one unsurmount- :
BILE obstacle to Foraker's getting
10 Republican nomination for b
resident-Hanna. Hanna wants h
lat nomination himself. but even +
he didn't he would not allow S