The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1937-04-22
The
SUPREME
COURT
AND HOW
II WORKS
Our National Umpire
BY ROBERT MERRILL


THE Supreme Court of the
l. United States has frequent
ly been described as ''Our Ma
tional Umpire"
This is because its purpose is
to keep both the government
and the people within the rules
as fixed in our fundamental law
the United States Constitu-
ton.
It constitutes a significant factor
IN our federal government OF three
coordinate branches-tht legisla-
tive, which makes the laws; the
executive, which administers the
laws; and the judicial, which in
terprets the laws. The Supreme
court heads the judicial branch.
With the other two branches Of
government, the court was first es-
tablished by the Constitution CEN
fury and a half ago. Like them, It
has progressed from . series OF
temporary quarters In New York
and Philadelphia, during the early
days Of the nation, to an impressive
home Of its own In Washington. Like
them 1t has played an interesting
part in the development of constitu-
tional government.
Protects Citizens Rights.
Under our Constitution, the Su-
preuae 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 1t, they all
may be convinced that il conforms
TO the Constitution. An Individual
citizen, however, may with equal
honesty believe that il violates some
right which the Constitution guaran-
tees TO him.
81 need" says the citizen, ''an
Independent decision as to whether
this act is the constitutional measure
which the congress says il is, or
whether, as ! think, II is an act
that deprives me Of right vital to
my welfare and happiness.
In such situation II is obvious
that what the citizen needs is an
umpire Independent of both congress
and president who viii decide the
issue with all the impartiality Of
which men are capable. The Su-
prene court Of the United States is
such an umpire.
UphoIds VIII of People.
Il, for example, the citizen thinks
that the act In question deprives him
of trial by jury or that II 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.
If the court decides that the act
conforms TO the viii Of the people
as expressed IN the Constitution, the
missed. If, however, the decision Is
that the Constitution has been vio-
lated, the act viii 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
II is unconstitutional and the courts
must so declare. 1t has been rsit-
Grated in various later opinions, and
become frequent subject Of debate
between supporters and opponents.
Neither the citizen who invokes
this judicial protection, nor the cir
cumstances which occasion it need
be particularly important. It COW
ers the hunblest Of men, under all
conditions.
On one occasion, for instance, con-
gress passed an act providing that
IN certain cases z person might be
imprisoned at hard labor without
having been first indicted by q grand
jury. Under this act 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 constitutional right assured
him II the 5th Amendment had been
violated. Under its provisions, they
pointed out, when an accused is in
danger Of an Infamous punishment
if convicted, he has right to insist
that he be not put upon trial except
on the accusation of grand jury"
Work Applies to All.
In other words the court decided
that the act of congress under which
the citizen had been sentenced vio-
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 or
prominent persons. But il and 9TH
ers similarly decided did involve
constitutional rights, applying not
merely to the men concerned but to
all citizens. That made them i'm
portant enough for our National Un-
pire to rule upon.
Two FirSts