Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-03-23
HAVE WE A CONSTITUTION:

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HAVE WE A CONSTITUTION:
At the December conference on in
dustrial relations. participated in b
the great labor bodies OF the
numerous resolutions were adopted,
among them the following:
We assert that there cannot
be found in the constitution OF
q the United States or in the dis
cussions Of the congress which
drafted the constitution any au-
thority for the federal courts of
our country to declare unconsti-
tutional any act passed by con-
gres. We call upon the people
of our country to demand that
the congress of the United States
shall take action for the purpose
of preventing the federal courts
from continuing the usurpation
of such authority.
That is not a new question. 1t
was propounded long ago. and it has
been widely debated. Thee courts have
long since decided that the authority
which the resolution denies exists,
and congress and public bodies gen
orally have acquiesced in that deci-
sion. The presumption, therefore, Is
in favor of the prevalent practice.
Aside from the presumption We
have certain concrete facts. The
United States, unlike a good man.
other nations, operates under a for
NAL written constitution in the Gre
alton of which the supreme legisla-
tive body had no part. On the con-
trary, the people, using the constitu-
ton az an instrument, created at the
same time their congress-, their court
system and their great executive Of
fees. The. constitution declares that
congress may DO certain, things, and
may not1do other things. Who shall
decide when the stipulations OF the
es~nskftut5on have been fulfilled? II
the decision rests with congress,
what need is. there fora constitution
limiting its powers? Without some
authority vested in some body to de-
eide whensa law complies with the
enmstitnt3on and vhsn it docs not.
congress would constantly yplsce hs
own interpretation ON the consetn-
tion. and. IN effect, would make and
remake the constitution ut i1 own
pleasure as IT, went along. obxia.,say.
under such circumstances, the con-
stitution would be a mere waste of
words.
A written constitution such AZ our
- N a necessary part of a system
Of government. The government Of
Great Britain, tor instance, has no
s1ch document. It has oparated
without it for a good many centnr-
les, and it functions today quite
effectively and quite democraticaIly.
The British constitution is contained
In the acts of parliament enacted
from time to time. AS a matter of
cnstom a few acts dealing with the
treat fundamentals of government
are commonly accepted AZ the Brit
ish constitution, but any one Of them
could be repealed or amended by ex-
actly the same process that is re-
CURED for the levyingi Of a current
tax or any other detail Of govern
ment. In substance, the British
people crested a parliament and en-
doued it with unlimited powers
where's the American people Gre
ated . congress and limited its pow.
I in certain specific ways. A
Mritt1h law cannot be decIared mn.
constitutional by the courts, because
parliament 10 supreme. In America
. law ma be declared unconstftu,
tional by the courts because tn.
6cdy which snacts the laws is no
suprsvne. and the court is the onl,
bcdy whose business It IL to interpre
the laws. constitutional and statutory