Evening star. [volume] (Washington, D.C.) 1854-1972, 1923-04-08
SUPREME COURTS POWER
TO HOLD LAWS INVALID
Present Movement Aims Only at Req uir-
ing Decisions by More Than Bare
Majority of Judges.

ing that bakers should not work in
excess of ten hours day.
Very many Of the cases which come
to the Supreme Court in which the
constitutionality of state laws has
been involved have had to do with the
interstate commerce clause Of the
Constitution, and the Supreme Court
has decided in many of these cases
that there was a conflict with the
constitutional provision which gives
Congress and the federal government
jurisdiction in interstate commerce.
Six by Bare Majority.
An examination of the decisions
rendered by the Supreme Court hold
ing acts of Congress unconstitutional
reveals the fact that in sixteen Of
the thirty-nine cases, the decision of
the court was unanimous; that in only
six cases was the decision rendered
by a mere majority Of the court-or
five to four. and that in the remain
two or three dissenting opinions.
The Supreme Court divided to 4
in the original income-tax law OF
Congress. in 1895. the law having
been passed a year earlier. This was
the case of Pollock versus the Farm
ers' Loan Company. There were two
trials of this case, the first resulting
in UNFOLDING the law by a mere ma
jority decision, and the second, hold
ing it unconstitutional, by to
decision.
Made Income Tax Valid.
In order to remedy the situation
brought about by the decision Of the
Supreme Court that the income-tax
law, was UNCONSTITUTIONAL, the Con-
gress put through a resolution pro-
posing to the states an amendment to
the Constitution authorizing the i'm
position of a federal income-tax law,
and the states ratified it. But it took
a score Of years to do this.
The child-labor decision of the Su-
preme Court on the first act of Con-
gress attempting to regulate the
labor OF children,.held the law uncon-
stitutional. as violation OF the
police powers of the states. 1t was
a to 4 decision. Congress then
tried to deal with child labor through
the taxing power Of the federal gov
eminent, imposing prohibitive taxes
on goods made by child labor. But
the Supreme Court also held this un-
constitutional, as a mere attempt to
do an unconstitutional thing through
another means And now there is
every likelihood that Congress will
put through at the coming session a
resolution for an amendment to the
Constitution authorizing Congress to
regulate child labor, and that the
anne ent will then be submitted to
the states for their approval.
Power OF Congress Questionable.
Senator Borah frankly admits that
question OF the power of Congress TO
enact a law providing that the decis-
ions Of the Supreme Court holding an
act Of Congress or of the state legis-
Iature unconstitutional must be rem
dered by at least seven of the Justices
of the court Is open to debate. He
has convinced himself. however that
Congress has this power. He points
to tho fact that Congress has deter
mined the number OF justices on the
court, and the number OF justices who
shall constitute quorum of the
court
Should Congress put through the
Borah bill or a similar measure, that
law might go, and undoubtedly would
go. to the Supreme Court for deter
mination as to it's constitutionality.
II the Supreme Court should decide
that It was not constitutional. as 1t
has other laws OF Congress. then the
court would ignore the law, and un-
less an amendment to the Constitu-
ton were put through in the regular
way there would be no change in the
procedure Of the court