Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1917-02-03
SUPREME COURTS JUDICIAL VETO
ny FREDERIC ). mAsKIN

WASiilNGTON. ID. c., February .
The ancient fcud between Congress ana
me Federal Judiciary has again broken
iorth' rcsolu;.ri. lis recently been
introduced ia the Senate forbidding the
supreme cout, 30 pass upon the con.
Stitutionality by a majority ,r rim
senate. the House and the President
a. act OF Congress-" SAYS Senator
owen. author OF the resolutions ..reprc.
Schts I've wisdom and patriotism OF IN.
people OF the United States In whom 4,
vested an inalienablc sovereignty" III.
also holds that the Supreme Court "A,
present wi"ldS more power than tn.
i""hu"rs OF the republic Intended. OF
IMAM ~ mas !, real right 10 Weld
In Destroying the judicial veto or tn.
Suprem. Court the authority OF tn,
constitution over Congress is de.
Stfoyed. since Congress will then bc
"hie 10 declare constitutional every
thinr which ii chooses II Is the ju-
dic'hl veto which keeps this govern,
hl.ht government Of laws and not
OF men: the judicial veto which bal
ahces the other two functions or tho
government. executive and leg ISlativc
AZ the time the Constitution WAS
drawn up. there were thirteen sovereign
states all pulling III different directions
ana resolved not TO he dictatc. 10 by
any hisher power. Thus the framing
"i a governmental plant to fcderalc the
states and ut tho same time moi inter
fer. with their local privileges ana
MS was n matter that taxed the brains
ana ingenuity OF the greatest men or
tn" time and was finally created ,nl,
after great discussion and study There
we're many differences OF opinion u,
every point except one. and on that
all were agreed There was 10 he no
arbitrary power In the government
no on. man or majority who would he
law unto themselves Hence each
branch was made dependent on the
other Congress can make laws bu,
they ar" void without the signature or
IN" President; the President can ap-
point public servants and make treaties
but not without tho advice and cons.n,
of In" senate. aud In order that these
two branches may no, rAcccd their
power. IA Suprcm" Court Was "stal,-
NSh"d to soc that tho laws were In .c-
C"rdarCe with tn" Constitution
settled Qunrrri. between Sinte.
There was on" other reason for
judicial branch or the government At
tlIht .imc tho thirteen states were con,
Sthnt!Y Guarrcliug over various matters
Such "a boundaries. transportation
commerce. aud Il was evident tina, a,
independent court was needed in which
To S"til" these disputes There is no
DOUBT but that In answer to till. need
the SuDrcm" Court was onc o, .he
greatest triumphs or the ratrio,. on.
authority SaNS: The provision tina. IN.
judicial power created hy tho pcoplc
ShaIl to" the arhitor between the states
themselves. ~ all their controversies
with each ether. marks tho hirhe"t level
ever attained IN tho progress ~ ron.
roScutatINe government" Another ,,c
clar"s j. t" bc the FIRST example q,
what is now one ~ tho most pron,-
ncnt wants OF civilized society," rca,
international tribunai'
In speaking Of the judicial veto Tho
term is used fEuratively. since tho iu
dicial veto Is In no sense like that IF
tho President Tho Supreme Court has
u" direct supervision over. or ro,or or
iht"rf"r"nc" with. In" President. Con-
grass or tho state Legislatures I,
docs not II" TN wait for measure. Of
Congress and trcmble with nacnrness
I" declare them unconstitutional Its
jurisdiction IN these things is purely
appellate. and is exercised only In case.
as they arise between individuals
which usually com" 10 tho court by
app"a! from tho inferior courts
When III" recent Adamson law was
PASSED by Congress. for example tho
"hict justices Of tn" Supreme Court did
not immediately rise up and declare
that II was Unconstitutional although
many statesmen did not hesitate 10 do
50" Tho court will doubtless have Tho
opportunity to express an opinion in
tho end. hut IN the meantime il is rn
manning silent. law may be in e.
rect for eight or ten years before II
reaches tho Supreme Court for a deci-
sion as 10 lis validity
Would Make New Test.
Now. under tho new resolution IL IL
Is passed by Congress. when case Is
brought before tho Supreme Court, tho
'hicf .Iustic" must at once inquire IL
tn" law contested was passed by tho
United states Congress or by the state
legislatures. II II bears tho trade
mark Of Congress he must declare IL
constitutional or he dismissed for bad
behavior. but II IL is State product
the machinery of tho court may take
Us course. Only tho national Congress
Is I" he abov" the Constitutions
OF course. in way Congress ia do
serving of sympathy. The legislative
machinery is incredibly bulky and
clumsy. and 10 got Il law pa ssed and
signed by the President is an act OF
perseverance" that compcls applause y
bill IL introduced in the House and
referred to committee. when the com
mi'tcc gets around 10 II. II prepares
report on tho bill. which is sub
United To each house for 4 vote. Maybe