Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-07-05

1
~ tuition Of the United States BY
Senator La Toilette and Samuel Com.
pers, OF the American Federation Of
Labor, and current defense Of 1t by
speakers before the Pennsylvania Bar
Association should arouse considerable
interest In Thomas James Norton's
The Constitution Of the United
States, Its Sources and It's Applicn.
tion." which has just been published
by Little, Brown & Co.
MIR. Norton has written popular
commentary on the Constitution. full
Of information about the history Of the
various sections and with brief synopses
OF the decisions OF the Supreme Court
upon their application. The plan Of
the book is to quote a clause or a sec.
tion and to follow that with the ex.
planatory matter. Each section Is dis.
cussed In order. For example, more
tnan page Is given to an explanation
OF the significance Of the opening words,
I'VE the people Of the United States"
1t takes more than two pages to ex-
plain I'm order to form a more per.
feet union" And 40 It goes clear
through the document to the Eighteenth
Amendment. under which there Is a
summary of the court decisions sustain.
ing It.
The La Toilette criticism Of the Con-
stitution, or perhaps 1t would be more
correct to say the In Toilette criticism
OF the supreme Court, is directed
against the practice of the court in
invalidating an act Of Congress on the
ground that 1t violates the Constitu.
ton. La Toilette insists that the court
usurps powers not conferred on Il and
that Congress is the supreme legisla.
tive authority.
No one pho has carefully read tho
Consfifufion Tould tall into the
otnnder o. asserting that Il makes
Congress leoislativc!v supreme.
THE powers Of Congress are ex-
L pressly limited. There Is long list
OF subjects on which 1t is empowered
to legislate and there Is another long
list OF subjects on which 1t is prohibited
to legislate, and there Is an express
provision that the powers not granted
In the document itself to Congress are
retained In the States or in the people.
The second paragraph in Article vi
declares that This Constitution, and
the laws Of the United States which
shall be made in pursuance thereof -
snail be the supreme law Of the land"
In another place the judiciary is EN-.
powered to exercise Jurisdiction in all
cases arising under the Constitution or
under the laws. There seems to be
here sufficient warrant for the Supreme
Court to declare invalid an act Of Con.
gress which was not passed I'm pur.
suance' Of the Constitution.
There is no doubt on this point in
the mind OF lawyers, but some COLLEGE
professors and some labor leaders and
some demagogues have been insisting
that 1t Is an outrage for nine men
appointed BY the President to nullify
an act Of Congress. They have argued
that the courts in other countries do
not exercise this power and that there.
fore the United States courts should not
exercise 1t. II they will read Mr.,
Norton's book they will find that there
are countries In which the courts do
exercise the same power.
Where the courts do not nulljfv
acts OF Parliament there ia either no
icriften Constitution limiting por.
hdmenfdry authority or the poryio.
ment may bv legislative act amend
the Constitution to suit itself.
THE American Constitution cannot
L be amended by congressional act.
Congress can submit an amendment to