Evening star. [volume] (Washington, D.C.) 1854-1972, 1925-09-27
CONGRESS- RIGHT TO FREE =
PHILIPPINES is DISPUTED
Constitutional Amendment Only Legal
Means of Divorcing Islands From U. S.
Sovereignty Legal Experts Declare.

claiming that the proposed amendment
would give Congress the right to dis
member the empire" The proposed
amendment was not adopted. Thon1as
Jefferson is also quoted as accepting
the doctrine that Congress has not the
power to ALLEVIATE sovereignty over any
portion of the public domain, and his
opinion was shared by Presidcn-
Washington.
Powers Reserved.
3. The Constitution, by the tenth
amendment, expressly states that the
powers not delegated TO the United
States by the Constitution are reserved
to the States or to the people, and
there is nothing in the Constitution
giving Congress the right or power 10
ALLEVIATE sovereignty. jefferson useI
this argument to defend his position.
The only portion of the Constitu-
ton that might conceivably be re
garded as giving Congress such right
is paragraph ., section 3, of Article
", which gives Congress power to
dispose of and make all needful rules
and regulations respecting the terri
tory and other property belonging 10
the United States,' but this para
graph, it is rather plausbly argued,
refers to the settlement and dispos-
llOi Ol pubic idIuS u american GU
Zens for organization purposes and not
with alienation in view.
4. The only constitutional method
of alternating sovereignty over any por-
ton of the public domain is by cons,i-
tutional, amendment, the machinerE
for which is provided for in the Con
stitution.
This briefly outlines the argumerj
| which has numerous Supreme Court
decisions to support its various con-
tentions-
The question has been raised, how
ever, as to what could be done to Sc
cure an opinion on the constitution
atty of congressional action should
that body pass a law granting the
Philippines their independence. Some
legal authorities opine that the matter
| is not justiciable and that the action
| of Congress would have to stand
whether or not it be constitutions l.
Others maintain, however, that il
would operate to the prejudice" o.
| the United States and citizens Thereof
| to such an extent as to furnish good
ground for an attack upon the conST.-.
| nationality of the act. The situation
would probably be similar TO that
| which prevailed when the constit,s-
tionality of the oregon school law was
recently attacked and brought up for
/ judicial decision.
Problem to Come Up.
There is little doubt but that Con
gress Will be faced with The problem
of deciding the Philippine independ-
ence question during its next session.
The traditional. accepted position thus
! far has been that Congress has a per
feet right to take such action. Nov.
however, serious doubts are being cas-
upon the constitutionality of such &c
| ton. Will Congress take note of the
arguments presented to uphold this
| viewpoint, al will il disregard them
and trust TO future judicial interpret
| ton as to its power TO ALLEVIATE SOY.
ereignty over the Philippines
| An interesting aspect Of the situa
ton Is that brought out by Cooley ia
| his well known Constitutional Limi-
tations," when he declares that "a
| doubt of the constitutionality of any
proposed legislative enactment should,
| in any. case be reason sufficient for
| refusing to attempt it,
The question would seem to be
| worthy Of thorough discussion On the
part of the public.
! fCpnvrisht