Evening star., 1924-09-20
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MARYLAND and Virginia.
All Other States
An Index, Not an Issue.

Study of Senator La Follette's New
York speech-which netted 10000 to
the war chest of the Progressive
party-shows the leader of that or
Sanlzation to be in a somewhat ex-
pianatory mood regarding its most
conspicuous proposal, that of a change
in the mode of determining the con-
sutuuonality of acts of Congress. Re
Gently severe charges have been made
upon his lines on that score. Evident
ly they have inflicted material dam
age. Running through the New York
address was a tone of apology for the
proposal that the power to pass upon
the validity of enacted law should be
transferred from the Supreme Court
to the legislature.
Boiled down to its essence. the La
Toilette proposition on this score is
that the Constitution should be amend
ed so as to make Congress and not
the court the final judge of the con-
stitutionaliy of legislation. Mr.. La
Toilette said: THE only question
raised in this campaign on this sub
Ject is whether the people shall have
the right to have such a constitutional
amendment as we propose submitted
to them for their action
The people have that right now, and
can exercise it whenever two-thirds of
their elected representatives in House
and Senate SO vote. This is a strictly
congressional question, not presiden-
tial. A Joint resolution proposing a
constitutional amendment is the only
act of Congress which does not require
the signature Of the President. AS
soon as adopted by both houses such
resolution automatically goes to the
States, to be ratified or rejected by
the Legislatures. When three-fourths
of the legislatures have ratified the
amendment it becomes part of the
Constitution.
Our position is" said Senator La
Toilette, that this Government be-
longs to the people, and we believe
with Washington that they are en-
titled to alter or amend their Consti-
tuition so long as they conform to the
requirements Of the Constitution in
SO DOING
Thus it appears that Senator La
Toilette does not propose an amend
ment changing the method Of making
amendments. He proposes change
of the Constitution in the established
manner. The discussion, therefore,
centers upon the merits of the propo-
sition itself, which, as already stated,
is a congressional and not presiden-
tial issue. 1t can be raised at any
time. 1t can be raised in Congress. It
can be advanced in a campaign when
only Congress elections are held. If
this present campaign is one of edu-
cation to the end of bringing the
people to the point of eIecting a Con-
sress two-thirds of which will be
pledged to the adoption of an amend
ment changing the method of deciding
the constitutionality of legislation,
with a presidential candidacy which
in the nature Of things political is
hopeless, and which is designed solely
for the purpose of deadlocking the
electoral college and throwing the
election of the President into Con-
gress, where neither candidate of the
Progressive party can conceivably be
chosen.
Thus the court question is not an
honest issue of the present presiden-
tial campaign Yet the pronoSaJ of
the plan to remove the power of de-
cision from the court to Congress is
important as disclosing the DISPOSE
ton end desire of the La Toilette
party, If it may be called a party,
radically to change existing and
fundamental principles of Govern
ment. 1t is a characteristic rather
than a direct and immediate question
at issue.