Albuquerque morning journal., 1922-12-10

duties and responsibilities rest
upon the shoulders Of the soVer-
eign people, that the result is not
according to the plan. He sees
weakness in the plan, as judged by
the result, when the weakness is
in himself in neither understand
ing nor adhering to the plan. To
lack respect for his institutions is
to lack self respect,
Source of nisrespeet
Another immediate source of dis
respect for our laws, although the
ultimate source lies in the condi-
tion just discussed, is found in the
habit of our legislators, both state
and national, In mistaking tho
noise of q we'll organized minority
for the voice OF the people. Thus
statutes are enacted before the
people are ready for them or be-
lleve in them, In order to be re-
speeted. a law should be the ex-
preston of a moral standard, Tath-
eF than an attempt to create one.
In other words, a standard of mos
ality must first be generally ac-
cepted as such, before compliance
Herewith can be generally en-
forced. To Illustrate, 1t is gen
orally accepted that murder is
morally wrong, therefore, a law
against murder is generally re-
spected, but only small minority
would hold that is it morally wrong
to drink coffee. IL this minority
should induce the enactment of i
law prohibiting coffee drinking, wo
would naturally expect that such
law would not be generally respect
ed, that it would be difficult of en-
forcement, and that the majority
would secretly continue to drink
coffee. Abstinence from coffee
has not yet been accepted as the
moral standard. 1t may be some
day, and then, and not until then
1t can be given expression in the
form of law. But, again | say we
have no one to blame for this con
dition but ourselves, first. for our
lack of assistance in selecting our
representatives, and, second, for
not making our own views heard
above the minority's noise.
Power of Supreme Court
And so | might continue at great
length. | might call attention to
the objection we hear SO often
voiced to the power OF the su
preme court TO veto an act of CON
gress, but like the famous lecture
on the snakes of Ireland. we would
only find that the supreme court
has no veto power, and has never
Nny 20
the courts have always done is to
declare void an attempted legislat-
i've act which would violate the
terms of the constitution if it were
given effect, and this because the
constitution says that it and the
laws made lin pursuance thereof
shall be the supreme law of the
land, and because the constitution
imposes upon the courts the dut,
OF constituting and interpreting the
law. Therefore, whenever the ques-
tion is presented it is the duty OF
the courts TO determine whether
or not a given statute is made "ir
pursuance of" the constitution, and
II not, to so hold. For the court
TO refuse to perform their duty il
this respect, or be deprived of thei'
power to declare void an unconsti
tutional legislative act, would b,
to absolutely nullify the safe
guards which the constitution
throws around us, and subject thai
incorporate document to amend
ment or repeal at the instance of a
temporary or apparent popular de
mand. regardless Of fundamenta
rights of individuals or minorities
But the man in the street does nc
understand the basis of either II
duty or the power Of the court
In this particular, and so go,
about disrespectfully condemni'
one of our most important insti'
tions.
Foreign Reds, Parlor Pinks
/ might discuss the nefarious
fluence of foreign reds and parlr
pinks, but again we would find ii
cause in total lack of understand
ing of our institutions; and so witt
practically every other evidence o
dlsrespect that might be enumer
ated. What is the cure? 1t doe
not lie in small group of me-
deiegating to themselves the an
thority of debating what the pra2
tees Of their fellow citizens shal
be. and compelling conformanc,