Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-06-24
People and Constitution

Tcopie ana SOnStltutlOH
70 thc Editor Of the Erentn0 Public Lcd9cr:
Sir--Perhaps BY taking concrete
example the difference in view between
Senator La Toilette and DR.. Butler
concerning the constitutional powers of
government can be best illustrated.
In adding the Eightccnth Amendment
to the Constitution tho supreme Court
vested in Congress and the Legislatures
Of the several States the sovereign
power to alter and amend the powers
of the Government ordained and estab-
lished by the people of the Cn!tel
States. In the opinion of the Court
the fifth article Of the Constitution Is
"a grant of power to the United States
to which all of the people have acqui-
esced.' It is of the opinion. there
fore. that the Legislatures Of the sew
eral States derive from the Constitution
and the Congress this power to ratify
proposed amendment to the Consti-
tuition.
Holding these opinions the Court has
declared it to be the law of the land
that the people of the several States
have no power over their own Lcgisla-
lures in the act of nullifying an amend =
mcnt. In the decree whereby the
Eighteenth Amendment was added 10
the Constitution, the Court declared
null and void the provisions in the Con-
stitutions Of one fourth Of the States
Of the Union whereby the people of
those States had required that their
will, concerning proposed amendment
to the Constitution of the United
States. should be first ascertained by n
referendum before their Legislatures
acted thereon.
Hence it IS plain that it is the
opinion of the Supreme Court in those
cases that the sovereign power of the
United States is vested by the people
in the Congress and the Legislatures OF
the several States. For it is the opin-
ion of that Court, which now is be-
come the law of the land. that the
people of the United States have SUR
rendered to Congress and their Lcgis-
laturcs their sovereign power to amend
the powers Of government. Under the
Jaw, as 1t is now declared by the Court,
~ the people have no vote or voice in de =
termining the powers which their Gov
ernment shall exercise over them.
Thus the Court seems to have estab-
lished the principle which Senator La
Toilette contends for, that the will Of
the people expressed through their duly
elected representatives Is sovereign" "
For by the law. as the Court has made
It, the people OF the United States have
been divestcd of their sovereignty which.
by the Constitution, they expressly re-
served to themselves, and their duly
elected representatives. have been
clothed herewith.
But Senator La Toilette complains
that the Court does not adhere to It's
own opinion. He insists that the Court
has made itself the sovereign power by
setting aside laws made by "the duly
elected representatives of the people. -
- u-hn hpc aI l,
ereign power.
Now It will be seen that there Is force
in this statement II it be true that
the people. as the Court has said, have
vested Congress and the Legislatures
with the power Of amending tho Consu-
tuition. 1t necessarily follows that the
sovereign power is vested in those leg
islative bodies. They, by the voice Of
the Supreme Court, are granted full
sovereignty. Where, then, does the
Court derive its power to set aside the
sovereign power which it made ana
recognized in adding the Eighteenth
Amendment TO the Constitution?
Manifestly the Court must act on the
, theory that it, being the creator of
the, sovereignty of Congress. can place
such limitations on its creature as j.
thinks proper.
DR.. Butler is all for this power of
sovereignty in the Court. He says
The power Of judicial review il dis
tinctively American, and without it VIC
should be swept hithCr and yon by III,
swiftly shifting tides of mere opinions. -
But this is merely substituting "the
swiftly shifting tides of mere opinion
Of the Court for the swiftly shifting
tides of mere opinion OF the people OF
OF the representatives Of the people.
We are now being 'swcpt hither ant
yon on the swiftly shifting tides Of mere
opinion of the Courts.
The people everywhere are bccom!n.
vocal in their demand for restoration
Of government under the Constitution
ordained and established by the pcopl,
Of the United States. They ordained
and established that Constitution "tC
serve to themselves and their postcr!t,
the blessings Of liberty" They know
that they never consented to govern
ment which could add to or change II,
powers without consulting them. They
decline their assent to the doctrine tina,
the people of the several States hay,
no voice or vote in determining the ac
tion of their own Legislatures on pro
posed enlargement OF the powers of tn,
Federal Government over them. The,
believe with Webster that the Consti
tuition ''is the peoples Constitution
made by the pcople--responsible to III,
people. They are crying our, as Lin
coin cried out ut Gettysburg for -,
new birth of freedom that government o
the people, by the people, for the peopl,
shall not perish from the earth.'
PHILADELPHIA, June 10. 1922