Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-05-14

,pc I'm, ,.h,r ,rc,icn, coll.ycy
|ould fpllny ,,,o uni, hlaz,d bv Wu-
lam and N.ry In This r.yp.ct. so
at no pr,sua,o ,n,,ld oh,uiu q de-
Pee uulcYs Ne o- she had oags.l an
|Itrlliu.n, examination as Ia tn.
,turo and ht.,nry a. IN. hastc l,,u
tho land
The gpcnl,or dwclt a, length on
O chaugcg mad. in IN. Cons,l,u
|on ana tho ,.uncncv "a re, away
|on the Fundamental prIucioioa
b = whIch tho docvincut vas bas.J.
|IIc snid In mart.
l. u.Ir, v,.b.d ,,,
)"Ifow far f. IN. ..,,.,t,,,E.r IL,
c tinted Sra.ss !lfrly 10 t. ,,r.-
,ycd I'm am It's in,.yr,:vo !, yoy
~ No C',r.r..sio..,I I.ihrnr,
s. you can soc tn. original I'm
1cut and yat vuf ... ma. ,b. ian
so Cnd.d as now 90 be s.lrc.I,
Iriblo and there d, som. reason IL.
pretend that tunt tx "a symbol. ,h,t
pile the Constitution si!il cxigts as
! great spirit Of national un<-1 vet
many ~ its fundamental prinel-
r it has suffered Just as III. sea
ach near my country homo iu N.w
3rscy has suffered from tho imp.r-
3pIhlc. bat no less real. "I-y.ou Of
waves OF tiinc and circumstance.
'"duntos should i<n"w C"nutf,utIon.
! Here IN our very colIcG. how
3,ny o! oar Undergraduates could
"a real examination upon Ia.
Hnsi!tuiion rf the Emitted StateE2
ny part, b"li"v" that "a plght
be rulc IN every American col
90 that no grnduate should get n
gree unless he could pass mn in
lIs.nt and "A real examination a..
tho nature and history u the Con-
tuition ~ his country.
e"sin" az constitutional Morality.
81 Ihcrc is one ciTcGultunCe that
20 w"T'ully contributed 10 wha,
call the decay OF constitutions
ia!ity and II Is cause mat It's
re suspected, and that IL. that the
8opio have been led into false
use Of security b. the wholly mis-
ken idea tina; the Supreme Court
plenary power 20 Keep the Con
q tuition within the lines designed
the fathers The Supreme Court
%, n limited power where there IS
.ny!nc!ble. manifest and !rrecou
able difference between statute
Kd the Constitution to nul!!:y the
Ratute, but outside Of that very mar;
W, circumscribcd Jurisdiction. there
q. vast field OF political discretion
which many political. ant!-con'
ltut!onal things can be done with
d any power In the Supreme Court
hold them In check. The Presi-
HIT. for example,, can do many
= nGa that arc uncoustitut!ona and
IRE Is no power 10 stay his hand
Congress OF tho United States
take delegated powers and b.
-vertlng them 10 accomplish ends
Il were never ;ntrusted TO the Fed
IN government. but were express
reserved to tho States. can by In
action nccomplish purpose tina
withheld from them. and ye
ause the Supreme Court cannot
hs.der tho motives OF Congress
j. mus, accept their legislation foI
8at or It's face Il purports 20 be,
method 0! circumvenNng tht
Institution grows with the passing
Hrs.
8But grant that; that very mis-
en- dependence upon the supposed
nary power OF the Supreme Court
that which leads, not merely The
bple. but the representatives Of the
pile. 10 be Indifferent 20 tho char
er OF the legislation thnt they
Ms. either directly or Indirectly
Senator o: the United state:
~ 10 mo Few weeks ago: There
mo use any longer In MAILING an
w uucnl that "a bending measure Is
onstitutlonal. my colleagues
Rildnt listen 10 It. why Be
Sc they say. Let's pass IL nnd
81 the Supreme Court decide. They
Fl law Is passed and passed o!
fthe Supreme Court, and that grea'
funal which with extraordinar!
o. has so far measuTaoly preserve
" original lines OF the Consiitu'
IN is often confronted with an act
Congress which the court know,
sccnds the power or the Federal
~ eminent. which the Congress
ch passed II knew also and YET
husc its unconstitutional charac-
lies not so much in the text
T. In the purpose and the motive
Supreme Court because OF tho
cacy Of the inquiry Is unable to
any action whatever. and So
use my Old Illustration again ri
beach AT my New Jersey nome
Ivy the waves eat away. eat away
sands and finally threaten tn,
Sc that stands on the sands. and
analogy is true Of the Constitu.
b. Seemingly at times the wave:
beaten back, but imperceptiOlS