The Western news. [volume] (Libby, Mont.) 1933-current, 1937-04-22

Under our Constitution, the SUI
preme court acts not only to decide
certain grave problems of law, but
also to protect the Individual citizen
against any encroachment on his
constitutional rights by government.
How does this work? Well, for
example:
When congressman, enact law
and the President signs it, they all
may be convinced that 1t conforms
to the Constitution. An individual
citizen, however, may with equal
honesty believe that it violates some
right which the Constitution guaran-
tees to him.
II need" says the citizen, ian
independent decision as to whether
this act is the constitutional measure
which the congress says it is, or
whether, as | think, It is nm act
that deprives me of right vital to
my welfare and happiness.
In such situation 1t Is obvious
that what the citizen needs is an
umpire independent of both congress
and president who will decide the
issue with all the impartiality of
which men are capable. The SUI
preme court OF the United States is
such an umpire.
Upholds win OF People.
II, for example, the citizen thinks
that the act in question deprives him
of trial by jury or that it subjects
his house to unreasonable search
or that it takes his property without
due process Of law, he may carry
his appeal all the way up to the
Supreme court of the United States
and ask for equal justice under the
law.
II the court decides that the act
conforms to the will of the people
as expressed in the Constitution, the
citizens complaint will be dis
missed. II, however, the decision is
that the Constitution has been vio-
lated, the act will not be permitted
to prevail against the right of the
citizen.
This function was recognized by
the court in an early opinion deliv-
cred by Chief Justice John Marshall,
which held, in effect, that since the
Constitution is the basic law of the
nation, any act which conflicts with
it is unconstitutional and the courts
must so declare. It has been reit-
Grated in various later opinions, and
become a frequent subject of debate
between supporters and opponents.
Neither the citizen who invokes
this judicial protection, nor the cir
curnstances which occasion it need
be particularly important. 1t COW
ers the humblest of men, under all
conditions.
On one occasion, for instance, con-
gress passed an act providing that
in certain cases person might be
imprisoned at hard labor without
having been first indicted by a grand
jury. Under this act a man was
convicted of an offense and SEN
fenced to six months in local work
house at hard labor.
His appeal was carried before the
Supreme court. The justices found
that a constitutional right assured
him in the 5th Amendment had beer
violated. Under its provisions, they
pointed out, when an accused is ir
danger of an infamous punishment
if convicted, he has a right to insist
that We be pot put upon trial except
on the accusation of a grand jury
Work Applies to All.
In other words the court decided
that the act of congress under which
the citizen had been sentenced VIC
lated the rules as fixed by the people
in the Constitution and was. there
fore, void.
This is only one of many cases
heard by the Supreme court which
did not involve major crimes oil
| prominent persons. But it and 9th
ers similarly decided did involve
constitutional rights, applying no
merely to the men concerned but Il
all citizens. That made them i'm
portant enough for our National I'm
pire to rule upon.
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