Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1913-12-03
CONGRESS AND STATE LAWS.

Editor Honolulu Star-Bulletin,
Sir: Not so long since. you publishs
ed q paper Of mine delivered before
the Social Science Association on
judicial Control Of Legislation. That
paper was necessarily very condensed.
Much left out perhaps would have
been more interesting than some
things put in. l therein tried to show
that Madison had more influence In
the formation of the constitution than
any other man in the convention. He
was the only man that kept full notes
OF the proceedings Of the convention.
He was also the last surviving mem
Der of those that formed that great
instrument 1t was SHOWN In my pa
per that Madison favored a council OF
revision to declare laws unconstitu-
tional, or of bad policy, imperative
and Of no affect unless passed by q
very extraordinary majority Of the
congress on review.
There was one other important prin-
.ciple that came up In the convention,
and was debated at length, which /
think might be Of some interest To-
these who have read my former paper.
This was whether Congress should be
given the right to declare statutes OF
the various commemorative null and
void. Madison offered resolution to
this affect which was supported by
most of the deputies from the more
important and larger states. It was
left undecided In a very long letter
to Jefferson, of October "a, 1887, after
the constitution had been sent out to
the various states, Mr.. Madison ex-
planned to his friend all the provisions
of the instrument that had been so
laboriously made This letter is more
definite and explicit as a commentary.
on the work done than any one Of the
numbers of the Federalist. When he
comes to the principle that he worked
for to give the power to Congress to
declare any law Of the state nugatory,
he says It may be said that the
judicial authority, under our new sys-
TEN, VIII keep the states within their
proper limits, and supply the place Of
q. negative on their laws The an
sWer is, that 1t Is more convenient to |
prevent the passage of a law than to |
declare it void after 1t has passed;
that this will be particularly the case,
where the law aggrieves individuals,
who may be unable to support the APP
peal against a state to the supreme |
Judiciary; that a state which would |
violate the legislative rights of the |
Union would not be very ready to
obey judicial decree in support of |
them, and that recurrence to force.
which, In the event Of disobedience
would be necessary. is an evil which
he new constitution meant to exclude |
Is far as possible
"A constitutional negative on the /
avs of the states seems equally nee
sssary to secure individuals against /
sncroachments on their rights. :,
This forecast of Madison seems In
Iced prophetic. There are many In
stances In which statutes OF the states
lave transgressed Congressional stat
ties and even the constitution. And I
here are two or three notable In
stances that gave the president and
great concern as to the out
,ome Of matters 1t will be seen from
Madison's attitude in the convention, L
Ind his writings after, that he was
n favor of making even a stronger
centralized power of the federal gov.
'rnment than was done in the con.
1ention.