Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-06-16
TWO WRONGS DON'T MAKE A
RIGHT

WhEN Senator Of the United States
w SHOWS himself so ignorant of the nature
vi constitutional government in the United
suites as La Toilette has done in his speech
oeiore the American Federation Of Labor it
may De assumed that there may be others
suffering under similar msapprehension.
senator La Toilette insists that the Su-
preme Court usurps power not granted to
lt when it declares acts of Congress to be
unconstitutional. He says that there is
no sanction in the written Constitution of
the United States for the power which the
courts now assert and he insists that
congress Is the supreme legislative author.
ity. as the Constitution provides that ''all
legislative powers herein granted shall be
vested IN the Congress of the United States,
which shall consist of Senate and House
of Representatives.
Inc vital words in this provision are
herein granted" The limits within which
congress may legislate are definitely fixed
by n series of provisions setting forth what
may be done and by another series setting
forth what may not be done. Senator La
Toilette has evidently overlooked the two
vital words
lie has also misread the grant of powers
to the Supreme Court The second section
Of Article III provides that "the judicial
power shall extend to all cases in law and
equity arising under this Constitution. the
laws of the United States" etc. This
means that the court Is empowered to up-
hold the rights guaranteed by the Constitu-
tion and the laws, and to enforce the penal
ties prescribed by them. In other words, it
is to interpret and apply the laws and the
Constitution
II Congress passes a law in disregard of
the limits fixed on its power and a citizen
finds himself injured thereby he disputes the
validity of the statute and takes his case
to the Supreme Court and that court, act
ing within the grant of power to exercise
jurisdiction In cases arising under the Con-
stitution. simply says that the law was in
valid because Congress had no power to
pass it. There is no more usurpation in
this than there is when the Supreme Court
enforces the provisions of valid act of
Congress.
Senator La Toilette proposes a constitu.
tional amendment which will provide that
If the Congress repasses bill which the
Supreme Court declares to be invalid it
shall thereafter be valid. That is, he wishes
to have Congress empowered to override a
veto Of the Supreme Court as it overrides a
veto of the President.
The adoption of such an amendment
would in effect abolish the Constitution. for
1t would remove all restrictions on the
legislative power of Congress by providing
that if it passed an unconstitutional law
twice 1t became CONSTITUTIONAL And vet
Senator La Toilette argues with straight
face that an arrangement should be made
under which two wrongs would make a
right.
An orderly process is provided for increas-
ing the power Of Congress and that Is by
an amendment to the Constitution. Presi-
dent Harding has suggested that the advo-
Gates of Federal regulation Of child labor
endeavor to secure an amendment which
would give Congress the power to legislate
on the subject. If this amendment is rati.
fed by three fourths Of the States it be-
comes part of the fundamental law and the
Supreme Court will enforce it as it enforces
the other provisions of the Constitution.
1t does not seem to dawn on the inteli-
gence of those who dcnounce the Supreme
Court for usurpation when it invalidates an
unconstitutional law of Congress that they
are defending the exercise by Congress of
powers not granted TO 1t by the Constitu-
tion and that they are insisting on the in
herent right of Congress to usurp whatever
powers it pleases to exercise.