White Bluffs spokesman. [volume] (White Bluffs, Wash.) 1907-1938, 1935-08-01
ISSUE BEcLoUDED

ISSUE BECLOUDED
The constitution-what is it Is it adequate to-
day? Should the Supreme Courts power in pass
ing on the constitutionality of laws put through
be pared?
Those are the foremost questions today. Cues
lions which have created veritable Juror in the
press of the nation among lawyers and among
politicians When the President, in message to
Representative Sam Hill stated that the question
of constitutonality of the Guffey measure should
not be allowed to stand in the way Of it's passage
the statement seized upon by those who are
always on the alert to make partisan issue Of all
actions, and was so quickly defended by other par
tisans that the issue has been considerably be-
clouded.
1t is unfortunate that the constitution should
become political ISSUE for there is too much dam
ger of our losing sight Of it's actual meaning and
substituting vague quibbling. Most unfortunately,
too little is known of the constitution and the spe
cifc and implied powers Of each branch of the
government.
Constitutionality is not question of abstrac-
tlons OF what one person thinks, or even of what
the lower courts may think 1t is what the supreme
court thinks of particular law as presented by
particular violation.
Many laws which have finally been deemed un-
constitutional have been upheld by the lower
COURTS and many laws which the supreme court
has ruled constitutional have been ruled otherwise
by the lower courts
Before the supreme court can pass the con-
stltutlonallty OF a measure, there must be a law
and violation. The case must have passed through
the lower courts, sometimes the decision being re-
versed each time it is judged. IF no law were al
!owd to be passed which the congress the pres
ident feared might be unconstitutional little ac-
ton could be taken by the legislative branch for
any lawyer could present adequate reason why it
might be contrary to the principles of the consti-
tuition.
It is interesting to note in this regard that in
1913 President Taft-later to be one of our most
famous supreme court justices-vetoed certain
measure because he believed it to be unconstitl1-
tonal. Congress, however, passed the measure over
his veto and when a violation under the law was
referred to the supreme court that body ruled
the law constitutional.
It u.s. therefore, plain to see that the issue as
raised in the past few weeks is much too big to
fit partisan or personal limits. 1t has been the
practice of congress from the first to enact laws
of doubtful constitutionality How otherwise
could there be governmental progress if the check
OF the supreme court we're not invited?
Nearly all OF the recent constitutional amend
ments, such as those concerning women s suffrage,
direct election of senator's income taxes, and pro-
h1blton are the result of attempts of congress to
pass laws which the people desired but which VIC
lated the document written by our forefathers
So long as the supreme court is allowed to pass
on the Legality OF laws enacted by the legislative
branch, and so long as their decisions are abded
by, the American form of government will be u1l-
furnished
This system is unique among the governments
OF the world. Only one other-Norway-a allows the
courts to rule the laws passed by the legislature
In all others, parliament is supreme laws passed
by them become, automatically, part of the con-
stitution, and can be removed only by the passage
OF divergent measures.
OBSERVATION-DISCLOSURES ACKNOWLEDGEMENTS