, 1924-09-25

nous case, and there in my judg-
ment did more to cement the States
into one consolidated Whole than any
other one thing in our national his
tory.
Nor has the decisions of the Courts
been always opposed by the same po-
litical party, for in 1856 when Chief
Justice fancy rendered his famou
Dread Scott decision the followers of
the Federalist School, and the adher-
ents to the then new Republican par
ty attacked the Supreme Court with
a However Abraham
Lincoln, says 1--WE offer no resistance
to the Decision altho we do not gree
with it,, and further in commenting
upon the decision he said 1--WE be-
lieve in obedience to and respect for
the Judicial Department of this gov
eminent
Madison says that a Law "violat-
ing a treaty ratified by a preexisting
law might be respected by the Judges
as a law, tho unwise and perfidious
one. A law violating a Constitution
established by the people would be
considered by the judges as null and
void"
James Wilson of Pennsylvania, a
distinguished statesman, say THE
power of the constitution is para
mount to the power of the Legisla-
ture acting under that constitution"
and when they (the Courts) consid-
err its principles and find it to be in
compatible with the superior power
of the constitution it is their duty
to pronounce it void
Theodore Roosevelt in his life of
Gov. Morris, says of him "On the Ju-
dietary his views were also sound. He
upheld the power of the Judges and
maintained that they should have alb
solute decision as to the constitution
atty of any law" and further in
speaking of the Legislative branch he
also says That virtuous citizens will
often act as legislators in a way in
which they would as private individ-
uals afterwards be ashamed"
Webster in his famous reply to
Hayne says with whom do they re-
pose this ultimate right of deciding
on the powers of the government?
The Constitution has itself pointed
out. ordained and established that
authority. How has it accomplished
the great and essential end? By de-
claring sir, that the Constitution and
laws of the United States made in
pursuance thereof shall be the su-
preme law of the land. any thing in
the Constitution or laws of any state
to the contrary notwithstanding.
This sir, was the first great step; by
this the supremacy of the constitution
and laws of the United States is de-
clared. The people so will it. No
state law is to be valid which comes
Iip cNrfli,t With thu Concentration rr
any law of the United States passed
in pursuance of it. But who shall de-
eide this question of interference?
To whom lies the last appeal? This,
sir. the Constitution itself decides al
so, by declaring that the Judicial pow
err shall extend to all cases arising
under the Constitution and laws of
the United States. These two pro-
visions cover the whole ground. They
are in truth the keystone of the arch.
With these ii is a government. With
out them IL is a confederacy."
why is all this so almighty i'm
|portant? If Congress were supreme
with no Constitutional. or Judicial
checks. personal liberties would be
infringed. laws would be enacted
prohibiting minorities from partici-
pating in the privileges of the ma
iorities; class legislation would fol-
low: religious liberty would be
abridgd; the right OF suffrage would
be withheld from races. creeds. and
clans: burdens would be imposed on
class and the country would be in
turmoil. What we need today is a
Washington. Hamilton. Marshal or
Webster in the forum who could and
would sound n trumpet that would
once more rally the c%itizenry to the
defense of the law. We should be
slow to remove or change 1.-THE an
Client landmark which our fathers
have set"
We have seen the Constitution
amended during the Great War. as n
moral issue, and with an emotional
haste that would have made the Fa-
theirs Of the Republic stand aghast.
and that too, for the impairment Of
what is universally recognized as n
natural right. This is the only Thou
shalt not" paragraph in the Consti-
tuition. and in embodying this kind
of statute law In our Constitution. we
open the door to all kinds OF dan
ger.
The enemies OF the Constitution
seek to bring about n revolution. at
tacking the rights OF private owner
ship under the name OF capitalism
Claiming among other things that
the State should be the owner OF all
public utilities. and should havc In
crcasing control ver private prop
erty. II Is high time to get back to
first principles Private property Is
one OF the fundamental institutions
of American democracy. 1t Is an I'M
~mistakable index OF social progress.
1t originated because OF social reas-
ons: It is the basis upon which our
whole social order has been built up.
II cannot be destroyed without des-
troying all the ideals of liberty and
democracy In which Americans be-