Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-03-09
THE SUPREME LAW.

The Constitution of the United States
Is the Supreme law Of the land All
statutes passed by Congress and Sign
ed by the President must be in accord
with that instrument or they are void.
The Supreme court Of the nation IL
Tho Interpreter OF the provisions Of the
Constitution. and the Judge OF tho va
lidlty of Congressional enactments,
testing them by that standard When
II Is asserted, either by an orator or
an editor, that the win of the people
in the supreme law, and that ''the big
gest thing 10 the republic is the viii
~ the people and further, referring
TO the written Constitution that be
low 1t, and above IL, and al around It
rises the VIII of the people" funda-
mental error Is set forth which is too
grave TO let go unchalenged.
We have recently seen In print such
expressions as we have quoted, with
the fiat assertions that In this land
Il Is enough FOR man to stand on the
broad platform Of the peoples will"
also that this is true just the same If
the demand OF the nation Is unex-
pressed In the written document. as If
Il were penned there in permanent
black and white" Is that sound doc
trine? II 80, there is no need for
written Constitution nor court to
decide upon the validity Of national
laws. For, upon that hypothesis, II it
can be shown that given measure Is
demanded by the popular voice, the
Constitution does not count and its
provisions are no more than opinions
put upon paper Such notion ought
not to be entertained by any party or
paper. for II is adverse to the theory
OF our government, and contrary to
the principles OF every platform franz
ed by statesmen or enlightened poll
tlcians.
The two great political parties which
under whatever name have contended
for the mastery in this country, have
divided on the question of the manner
OF constituting the grand governing In
strument of the nation. but have new
er denied its supremacy above popu-
lar demands. one party has held to
"strict construction and the other 70
liberal or elastic construction" OF
the Supreme law. but neither OF them
has claimed that II was Of secondary
Importance, or TO be subject 10 any
popular demand whether claiming to
be "below. or above. or all around" It,
There is nothing IN the nature Of law
In the United states that Is above
the Constitution.
Associated with the notion about "the
will of the people is the similar err
ror that the President OF the United
States stands as the expression Of the
Will OF the nation" that what he de-
mands OF the Congress Is but the sln-
gle-tonsued utterance by him Of the
many milion-voicC demand Of his fell
low men IN thes United States Both
are rank heresy m the light Of the
supreme law. The President may make
recommendation TO Congress, but he
does not make demands lie Is the
Executive Of the nation TO enforce its
laws. The "million-voiced demands"
OF the people are expressed 10 and
through their chosen representatives,
IN the law-makIug department And
their demands" however forcibly and
extevlvely expressed, must not be
permitted TO override the written Con-
stitution, which governs them and the
President alike. lie is sworn to up
hold and yield to that instrument, and
anything enacted on his request or
suggestion n contrary thereto would
when contested become q nullty.
This does not reflect upon the au-
thority. or the wisdom, or the action
Of the present Executive. lie knows
better than TO assume any such posi-
tion as that lntimated in the express
sions we have quoted from a contem-
porary. He has the undoubtod right |
10 favor measures that he believes will
be for the public good and that are
desired by the people, But we do not
believe he would undertake TO press
upon the national Legislature anything |
that he considered UNCONVENTIONAL |
no matter how many Million voiced |
demands we're made for II. lie under
stands full Wen that such measure
would prove futile when the court OF |
last resort compared It with the Su- |
preme law. In the constitutionalIty Of !
a statute lies it's strength and force !
and not in the mere clamors and de-
mands by "the win OF the people"
1t may be asked, cannot the people |
OF the United States have what they
want in "a government Of the people |
and by the people and FOR the people?"
The answer is, certainly II they seek
for it in the right way. They must
obtain 1t through the Congress as the
Constitution provides, and If they
want something that the Constitution