Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-09

| y.
| The first decision of the Supreme
Court involving the constitutionality of
an act of Congress was in the famous
case of Marbury VS.. Madison Marbury
| had been appointed a Justice of the
peace for the District of Columbia by
| President Adams, and his appointment
had been confirmed by the Senate, but
his commission had not been issued
when jefferson became President and
James Madison Secretary of State.
| Madison refused to issue the commits
sion, and suit was brought by Mar
! bury to compel him to issue it. Chief
| Justice Marshall used this comparative
ly insignificant case as the vehicle for
declaring unconstitutional q previous
act of Congress.
Influence Political Institutions.
| Although from that day until this
the policy adopted In this decision has
been bitterly and repeatedly attacked,
the Supreme Court has exercised the
power of rejection or judicial review
| over the laws passed by Congress, and
since that time it has declared some
| thing more than a dozen acts Of Con-
gress to be demonstrations.
Not only has it exercised this right
as to the acts of Congress, but 1t has
exercised 1t more frequently with refer
|
Altogether the Supreme Court has de-
clared more than $50 acts of various
State legislatures to be in violation of
| the Constitution Of the United States
These decisions not only as to congress
sional legislation but also as to State
| legislation have had a profound effect
| upon shaping the character of our
political institutions.
AS an outstanding example Of this
If b
bring sharply into contrast the suprem-
acy Of the Federal Government over
acts Of the State legislatures was In
the famous case Of McCulloch VS.. the
State Of Maryland, which grew out Of
the effort Of the State Of Maryland to
levy State tax upon the bank Of the
United States created and chartered by
the Federal Government. In this case
the Supreme Court rendered the deci-
sion that the State had no power to
tax an agency of the Federal Govern
ment: that the creation Of the national
power was q constitutional exercise of
the powers OF Congress, and that If q
State should be held to have the author
tty to levy Q tax upon 1t, the result
would be to make the agencies Of the
Federal Government suhservient to the
local powers Of the State government
Under the influence Of this decision and
| ments have not exercised this power
over Federal institutions. except in
| cases where Congress has specifically
authorized the exercise of the taxing
powers Of the State governments
1t Is interesting to note in this con-
nection that there Is no important gov
eminent in Europe, or for that matter
In the world, where the judicial branch
exercises the right to declare unconsti-
oNf fNf he @Ink
| In England, theoretically, the king
has the power Of Veto but it has not
been exercised for two centuries. The
courts Of England exercise no right Of
| revision or notification over the acts
| Of parliament. There Is only one in
stance in which it was done, and in that
case the chief Justice was hanged and
his associates driven from the country.
do not mention this interesting cir
cumstance as an indication that would
favor such treatment Of our courts of
the United States, but merely as en-
phasizing the singular and almost I'M
precedented power over acts of legisla-
ton exercised by the courts Of the
United States.
Brought on Civil War.
The exercise Of this power Of the
Supreme Court Of the United States has
had important consequences. For in
stance 1t Is believed by many historians
that the famous decision in the bred
Scott case, decided In 1857, which prac-
tically nullifled the Missouri Compro-
mise, had tremendous, If not control
ing part, in bringing on the Civil War.
OF course, the whole question which
was involved In that historic decision
was settled by the Civil War itself, and
by the acts Of Congress subsequently
passed.
It may well be debated with some
plausibility whether an act passed by
the representatives of the people and
approved by the President should be
nullihed by any other agency except
the people through their own chosen
representatives. There are many able
and sincere advocates Of the idea that
when the people have spoken through
their legislative representatives that
their will should be supreme and not
subject to revision or defeat by any
other branch Of the Government, and
various efforts have been made by
legislation either to curb or withdraw
from the courts the power over acts
of Congress. But If 1t Is to be conceded
that the Constitution with relation to
Federal and State activities must be the
to see how any, except judicial body,
may pass upon the limitations set by
the Constitution for the exercise of the
legislative will. The exercise OF this
power has made it possible for Con-
gress to enact many laws that might not
otherwise have been enacted, and to
adopt policies that might not otherwise
have been adopted.
No man in the Constitutional Conven-
ton played a greater part than James
Madison in framing the Constitution
He was known as the Father of the
Constitution" To him we owe about
all we know about the deliberations OF
the Philadelphia convention. He was
present and participated in the discus
sion that resulted in and was responsible
for the sentence, Congress shall have
power to regulate commerce among the
States and with foreign nations" And
yet while he was President he vetoed an
, act of Congress appropriating money to
improve rivers and harbors and build
highways on the ground that the Con-
: stitution conferred no such power upon
! Congress. Presidents Monroe, jackson
and James K. Polk vetoed similar legis-
lation for similar reasons, and yet under
the influence of judicial Interpretation
which emphasized the implied powers
Of Congress we have for three quarters
Of century been appropriating funds
: for these very purposes without amend
= ment to the Constitution.
The Supreme Court has held that not
only has Congress the power to regulate
e the actual transportation of an article
G from me state TO another, but that il
9 has the power to regulate the inStru'