The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-23
THE NATIONS supnEmr LAW.


|
| THE NATIONS SUPREME LAW.
The Pittsburgh Dispatch favors tho
enactment. by Congress of law deolar-
Ing that violations OF rights granted
/ by treaty to subjects OF foreign ma
lions arc offenses against tho United
States. and may DO prosecuted In the
United States courts. such laws" It
says, would complete tho Federal
power and emile the government to
do what 1t n nises."
| 1t is diff -ult to understand how
the proposed congregational enactment
would remedy matters. 1t is not tho
absence of specific laws giving Con-
gress the power to enforce treaty
rights that accounts for lack OF power
In como cases. Congress has Just as
much power TO enforce treaty
rights granted Foreigners as 1t would
have should the suggested laws be
onnctcd In some cases II haa that
| power; In some cases II has not that
power. just as In some cases II cannot
enforce acts of Congress- Congress
cannot enforce an Unconstitutional law.
Similarly It cannot enforce an unconsti
tutional treaty.
Here Is where those who hold that
tho United States has the right to rem
der invalid the California alien land
laws maks their mistake. They hold
that there is no such thing as an un-
constitutional treaty, but that, on tho
other hand, treaties arc the "supreme
law OF the land" by specific declaration
OF tho Constitution Itself.
[ There Is no specific declaration to
that effect In the Constitution, as care
full reading of the entire second sec
tion OF Article vi will disclose. Win,
constitutes the supreme law OF the
land? Tho language Of the saction
is plain. 1t is the Constitution, and
the laws made In conformity thereto.
and treaties made under the authority
OF the United States" which authority
treaty with foreign country, which
violates one OF the rights of the State
reserved TO them under the Constitu-
tion. is not made In pursuance OF tho
Constitution. That is to say. II "a not
made under the authority OF tho Unite,
states, and is not the supreme law OF
the land, or any other kind Of law. To
maintain the contrary is to maintain
That the Constitution, from which all
the powers OF the Federal government
are derived, can create a superior m
itself; that II can recognize powers out
side OF Itself: that 1t can confer upon
the President and the Senate powers
/ denied by itself to the whole Federal
government; that 1t can destroy 1T
self. II Is inconceivable that the men
who framed the document should have
incorporate In II the seed Of self-de-
struction 1t is conceivable that they
should have Intended to give to the exc
cutive branch and part OF the Legislative
branch the means TO override the CON
ferred powers OF all three branches and
the reserved rights OF all the States.
II Is true that a treaty Is supreme
until declared unconstitutional inc, a.,
Federal laws are supreme until de-
clared unconstitutional We are not
arguing nullincation. In the case of
the California allen land cases. ii
japanese treaty rights are violated. the
United States can enforce them. II
does not need any specific act OF Con
gress TO give II that right. But II tho
Federal government should seek to on
force those treaty rights the Judges
In California would not be bound there
by If those judges should hold the
treaty unconstitutional and should be
sustained by the Supreme Court OF the
United States That President Wilson
and Secretary Bryan did not attempt "a
enforce tho Japanese treaty rights
seems sufficient evidence that they be.
licvcd the treaty not to have been
made under the authority OF the United
States and, therefore. not the supreme
law OF the land.
@-==-===============-===