The independent., 1903-12-03
the SUPREME COURT


NJ. stern Suggests coSSss:.sensi Ac'
which weald Prevent Judicial
Ussrpation Of Fewer
Editor Independent: Few OF our
citizens are conscious OF the import
ant fact that it is unquestionaDiy
within the power of congress to reg
ulate the vast majority OF cases which
come before our supreme court. Our
constitution is an instrument worthy
OF our most careful study. II we Will
but seriously consider Its provisions
and come to perceive the ample char
acter Of it's safeguards, we Will speed
fly accord greater respect to the WORK
Of the constitutional convention OF
revolutionary days.
From many quarters comes the de-
mand for a convention to revise our
constitution. will not deny that
after lapse OF more than century
1t would indeed prove strange were II
not possible to point out defects
which should be remedied. Ii 1t
comes to general revision, practi-
cally amounting In scope to the for-
nation or drafting up OF new con-
stitution, it will be found that unless
great prudence Is exercised the re-
suit will be an instrument far inferior
to our present time-honored constitu-
ton.
Instead of agitating for general re-
vision, there can be pointed out the
important fact that 1t is within the
power Of congress to solve many OF
the Ills and disadvantages under
which we at present labor, by merely
passing a law removing from the
jurisdiction OF the supreme court the
question of the constitutionality OF all
laws passed by congress, unless their
legality be questioned by state OF
our Union.
While the foregoing legislation would
be OF a radical character in the sense
of great change from established con-
ditions, yet upon consideration it will
be found In reality to be most con-
servative step, one which should COM
mand the assent of true citizens OF all
parties. movements and isms. While
1t would prevent wealthy citizens, cor
pOrations and trusts from instituting
suits to have laws which prove OBJ
jectionable to them declared uncon-
stitutional it would not place unbri-
died power in the hands Of congress
for should laws enacted at any time
injure the interests of majority Of
the citizens of a single state, thai
state could request the supreme cour1
to pass upon the constitutionality o.
the law in question 1t would not bt
within the power of congress to pre-
vent, hinder or forbid the supreme
court, under these circumstances, from
passing final Judgment.
Paragraph 2 of section 2 of article
8 of our constitution reads, is pune
tuated and capitalized as follows: III
all Cases affecting Ambassadors, othe
public Ministers and sConsuls, ant
those in which State shall be Party
the supreme Court shall have origina
Jurisdiction. In all other Cases be
fore mentioned the supreme Cour
shall have appellate Jurisdiction. bot
as to Law and Fact, with such Excep
tions and under such Regulations a
the Congress shall make"
In paragraph of section 2 of tn
same article of our constitution ther
are explicitly enumerated the cases t
which the judicial power shall ex
tend. 1t Is, therefore. undeniable tha
congress can constitutionally prescr'b
regulations and exception except Il
cases affecting ambassadors, othe
public ministers and consuls an
those in which state shall be party.
Another curious fact which can be ot
served upon securing verbatim cop
of the original, draft of our constitt
tion. is that throughout the entire IL
strument. supreme as applied to on
highest judicial tribunal, is spelle
without capitalization. thus. suprem
Court.
1t is useless to deny the pertineI
tact that respect for the judiciary hs