Evening star., 1923-02-26
CAPITAL KEYNOTES
BY PAUL Y. COLLINS.

and unaiterable, but contend that the
constitutional provisions Of q method
Of amending 1t are ample. and the
best means OF expressing the will OF
the people. Let the people rule" is
the ultimate will of America, but lei
them first be informed of the facts
and probable results of measure
proposed.
which will require that the right to
ratify any amendment shall be taker
away from state legislatures. and
lodged in popular vote, after a
campaign of education. That is
claimed to be more democratic and
In line with the spirit of the nation
The ratification will still be by STATE
units. but the will of the state vii
not be expressed through it's legisls
nave discussed the amendment with
their constituents.
4 Z y X
In both the Senate and House. cor
siderable discussion has been given
to a proposition to restrain the Su
preme Court In its judicial decisions
setting aside a law as unconstitu-
tional, so that it would not be per
mitted to SO decree upon a mere ma
Jority OF one justice. There have
not been many cases where a court
decree relating to constitutionality
has rested on five to four vote, but
there have been over forty cases in
| the last thirty years in which five-to-
four decisions have decided grave
questions of justice.
some OF the great lawyers assert
/ IOnRrpSG ,f
power to invade the field of the ju-
dtcial branch of the government and
limit Its powers. Others point TO the
provision already in the Constitution
to Congress, In the clause which sayS
that in cases affecting ambassador
and public ministers and consuls the
court shall have original jurisdiction.
(fxed by the Constitution, out o.
reach of Congress). but "in all othcr
Court shall have appellate jurisdic-
tion, both as to law and fact, with
such exceptions and under such regu-
latfons as the Congress shall make
X X
The language of the Constitution
it is claimed, therein clearly gives the
Congress power to make exceptions
and regulations to unlimited func-
power. Congress has legtslated tina.
not less than six justices shall con
stitute quorum, provided how the
court shall adjourn when there is not.
a quorum, and empowered II to make
orders upon pending case, in the
absence OF quorum. Under the
same clause. 1t is now argued that
Congress has the power to require
that not less than seven Of the nine
s,.-e t-Nr, rN.
be declared unconstitutional. II So,
perhaps Congress might go farther
and require a unanimous decision Of
the court to annul a. law. although
that has not been proposed.
The extremists argument that Cor
gress Is as we'll qualified to decide
upon the constitutionality of the laws
It passes as is the Supreme Court is.
challenged by the ablest lawyers Of
both branches. Party spirit vitiates
unbiased judgment, they say, and the:
numerical majorities are not noces-
sarily the learned in the law, nor
are they OF the judicial temperance
to weigh the meaning of the laws
tprovisions. The Supreme Court is
sheet-anchor of safety against hasty
action taken under excitement and
undue influences.
X X X r
Secretary Wallace OF the Depart
ments of Agriculture rules. that no.
indemnity shall be paid in case tu
|berculosis compels the official destruc-
tion of scrub bulls. He believes that
scrubs should not be classed as breed
ing stock. Indemnity goes only for
pure breds.
Copyright, 1928, by p. V Collins