Twin city review. [volume] (Champaign, Ill.) 19??-1929, 1924-10-03
Defenders Of JUDICIAL
USURPATlON RELY On LIES

Those who are defending judicial usurpation in this
campaign establishing new records Tor ptle and on
truths.
Men like Dawes. who batantly discuss this issue.
neither reason nor read They acting the patent
medicine mans theory that if one howls long enough he
may be believed
that the delegates rejected every attempt To place the
judiciary above the legislature.
These efforts were led by James Madison of Virginia
Elbidge Gerry of Massachusetts and James Wilson OF
PENNSYLVANIA In final effort to win their point these
delegates suggested that the president and the supreme
court judges constitute board OF revision to pass upon
congressional acts If the board refused to accept law
congress could reenac the proposal by twohirds vote
John Francis Mercer, Maryland delegate, "disap.
proved of the doctrine that the Judges rs exposors OF
the constitution should have authority TO declare law
void"
Charles Pinckney of South Carolina opposed the
interference of judges in the legislative business"
John Dickinson of Delaware said mo such power
should exist"
The present-day hystera in defense of the judiciary
did not always exist and the Republican party of other
days fearless enough to insist on the rights of the
Legislative branch of the government.
Fearing that the United States supreme court would
annul its reconstruction laws the Republican majority in
both branches of congress passed law in 1868 that in
effort notified the supreme court to keep ITS hands OIL
this legislation. And the court needed the warning.
This was the case of William II. McCarde, an obscure
Mississippi editor who arrested by federal soldiers
on the charge of "inctng to insurrection.'
1t was whispered around Washington at the time that
preme court that body would anu all Of the reconstruc
ton acts To block the ceus congress clipped its wings
Congressman Schenck of Ohio stated the floor Of the
huse Mr.. Schenck said:
''Sr | have lost confidence in the majority of the
supreme court of the United States Is not that plain
enough? Now hold that the supreme court are,
the majority of them proceeding step by step to the
patton of jurisdiction which does not belong to them
And hold it to be not only my right but my duty
representative of the people, to clip the wings of that
court whenever | can, in any attempts to make such
flights"
Congressman Wilson, the author of the bill that
intended "o clip the wings of the courts acknowledged
the floor of the house it his purpose to take jurs
diction of the McCrade from the supreme court.
In the senate the talk against the court is noted
On March 26 1868 Senator Stewart of Nevada leader of
the Republican majority, said
"Mr President, charged with being afraid of
the supreme court tell the senator from Indiana we
are not afraid of the supreme court.
"The policy of making the supreme court supreme
dictator and giving it WILL is policy which, if could
be carried the entire satisfaction of the Democratic
party, would soon subvert this government"
Times have changed however since 1877 and 1868
The constitutional fathers and the Stewards the Wilson's
the Schrencks in congress have been ignored by of
the Dawes stripe who are blind to constitutional and
gressiona history and who would the courts with
powers that WILL in the language of Senator Stewart
eventually "subvert the government