The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1927-09-21
BY HARRY ATWOOD
President, Constitution Anniversary


BY HARRY ATWOOD
President, Constitution Anniversary
Association
The trainers of the Constitution
worked out finely adjusted sys-
TEN of checks ant balances, SO that,
while each Of the three great depart
ments Of government--the .egisla-
tive, the executive and the judicial
should be supreme in its own
sphere, restraints would be present,
in order that no single department
could abuse its powers without auto
matically bringing into operation
forces whic, would effcctrally pre-
vent it from overstepping it's prop
er hounds.
There were also included in the
Constitution we'll balanced restraints
upon the states and upon the United
States.
Each house Of Congress serves
as q restraint upon t. otner be-
cause an act of Congress must be
passed in both houses before it be-
comes effective.
Veto Power
One of the noteworthy provisions
in the matter O, legislative restraints
is as follows:
Every order, resolution, or vote
to which the concurrence Of the Sem
ate and House Of representatives
may be necessary Except on a
question of adjcurnmcnt) shall be
presented tc the president Of the
United States; and before the same
shall take effect shall be approved
by him, or bein. disapproveG by
him, shall be repsssed by two-thirds
Of the Senate and House Of Repre-
sentatives, according TO the rules
and limitations prescribed in the
case Of bill.
This is popularity called the presi-
dents v~so power.
Congress is further restrained
by the power of he judiciary to
review legislation and pass upon the
constitutionality Of the avs enacted.
The pc YER If the judiciary is re-
strained by the following provisions:
The judges, both Of tt supreme
and inferior courts, shall l.old their
offices during good behavior.
The president is restrained in
making treaties and appointments
as follows:
He shall have power, by and with
the advice and consent Of the Sem
ate, to make treaties, provided two
thirds Of the senators present con-
cur; and he shall nominate and by
and with the advice and consent OF
the Senate shall appoint ambassa-
doris, other public ministers and con-
suls, judges of the supreme court,
and all other officers of the United
States whose appointments are not
herein otherwise provided for, and
which shall be established by law.
A notable example of the exer-
else Of the restraining power Of the
Senate was it's refusal to ratify the
treaty submitted by President Will
son on his return from Versailles.
A recent illustration was the re-
fusal of the Senate to concur in the
appointment of Charles Warren as
a cabinet officer.
State Restraints
Illustrative Of a number of the
restraints upon the United States
are the following
No bill of attainder or ex post
facto law shall be passed.
No title Of nobility shall be
granted by the United States.
No tax or duty hall be laid or
i articles exported from any state.
No preference shall be given b
any regulation of commerce or rev
enue to the ports Of one state ovel
those of another.
Some Of the restraints upon TIT
states are as folio 3:
No state shall inter- into an,
treaty, alliance or confederation
grant letters Of marque and reprisal
coin money. emit bills OF credit
make anything but gold and silve'
coin a tender in payment Of debts
pass any bill Of attainder, ex pos
facto law, or law impairing the OBJ
legation of contracts.
| The states were further restraine'