Evening star., 1923-07-15
Urges Study Of Constitution,
Instead of ''Cursing' Court

I action of three.fourths of the states.
Men invariably appeal to the Con-
| stitution for the preservation of their
lives and liberty. They have always
the Supreme Court to safeguard the
| rights and liberties granted by the
Constitution. They are for the Con-
| stitution as 1t Is for them but at
times are against the Constitution
when 1t seems to be against them.
Then is when the Supreme Court
comes In for abuse, our people for
| getting that a way of amendment Is
provided or perhaps desiring imme-
diate action and to avoid the delay
| that orderly processes involve. We
/ 1--we under written charter deliber-
ately consented to by all the states
| or the Union. An act of the Con-
! gress Is not the supreme law of the
| land. The congress and the states
may amend the Constitution but they
must act together.
/ A majority Of the Congress may
act because of passion. prejudice or
party expediency, and 1t may act. in
fact. not infrequently 1t does, without
| deliberate thought. A legislative body
is not disposed usually to waste much
time In discussion OF the constitu-
|
Congress now passes on to the Su-
preme Court legal questions involved
| in its acts. Shall IL be allowed to
assume that everything it does is
constitutional until and unless two
| thirds or all of the justices hold ad-
| yersely?
Even those most outspoken against
the supreme Court have not denied its
J power to ordain rules. which litigants
and lawyers must observe. j wonder
| what would happen in the Congress
OF the United States If the court
! should adopt a rule that no action
| should be brought under any act of the
Congress which did not receive a
two-thirds or a unanimous vote in
| house and senate. A bare majority of
| one now gives a bill as much pres
tige as though IL received unanimous
! support.
! There would not be so much trouble
about acts being declared unconstitu-
/ tional IL members Of the Congress
would better observe the oath they
have taken to support and defend the
Constitution. That oath may best be
kept by painstaking consideration of
| the constitutional questions involved
in proposed legislation. The Con-
gress will get in nearer accord with
the Supreme Court IL II will but dis
charge its full duty. for any decision
! OF the court, whether by a bare ma
jority or a unanimous voice, reflects
the settled opinion OF the court that
1t must grant every intendment in
FAVOR OF the constitutionality of the
! act under consideration. Less recog-
milton Of party expediency, less desire
or temporary advantage, less hope of
individual or class welfare and more
research into the broad principles of
government. measured by the limita-
tions OF the Constitution, would pro-
duce sturdier legislation. We would
nave fewer and stronger enactments
1t has been plain as a pikestaff for
years that the way TO get effective
child labor legislation was through a
constitutional amendment. yet legis-
lators have offered all sorts of devices
TO accomplish the purpose. The fail
ure or these make-shifts has brought
| abuse on the Supreme Court. Too
many take literally Lincoln's ioking
suggestion TO his client. Let's 90
down to the barroom and cuss the
court A people with the power to
amend their organic law have no
right to waste their time "cussine
the court" unless they can prove cor.
IIuption. Even then impeachment fs
better than fmprecation