Evening star. [volume] (Washington, D.C.) 1854-1972, 1956-01-07
Gray Plan Debate

1t alarms me TO learn now
few people realize what this
vote on January 8 amounts to.
It Is not a vote on the question
of whether or not the recon-
mendations Of the Gray Com
mission are accepted or re-
fused, but merely a vote on
whether or not the constitu-
ton Of Virginia shall be sub
jected to change. as recon-
mended by the Gray Commits
sion and as provided for by
the law Of Virginia. II this
referendum votes for a con-
stitutional convention there
will be ample time for all citi-
Zens to weigh and duly con-
slider the Gray Commissions
recommendation before the
same will be brought before
the convention for decision by
the delegates to the conven-
ton, who are the representa-
tives Of the people.
1t seems to me that things
have come to a sad state Of af-
fairs when the citizens of a
State and the sovereignty of a
State have been subsidized to
such an extent that they have
no control over, or have lost
the potency Of. their police
powers. as specifically reserved
unto the State by the Consti-
tuition Of the United States.
Could it be more to the delight
and fancy of the realm in
Moscow and their red flag not
only to have such discord
throughout the South but to
have this or similar discord
throughout the whole United
States? Could it be possible
that the Supreme Court Of the
United States, unknowingly
and without its members being
aware of 1t, has been influ-
enced by the fermentation OF
the Communist scourge?
I have heard the theory adj
vanced that decisions Of the
Supreme Court are the law OF
the land, regardless Of their
effect. and they shall be strict
" followed, regardless Of all
else. Such a view is in COM
plete disregard of the Consti-
tuition, and is not the theory adj
hered to by the Supreme Court
itself. It is fundamental in law
that where there Is no COM
mon law or statute law on the
books, then a court should
reach its decisions, as nearly
as possible. by adhering to and
observing, respecting and fol-
lowing the decisions handed
down previously in the courts.
In the instance of the recent
Supreme Court decision, the
court completely disregarded
this elementary and funda-
mental theory Of the law and
not only refused to follow
precedents handed down by the
same court In number Of
instances, but took a contra
dictory view Of $50 degrees.
using as its authority some
thesis which, 1t has been sug-
gested, was written by a per-
son who lives under the shadow
Of communistic suspicion.
The Constitution, it must be
remembered, is a creature Of
the States and exists only at
the instance of the States and
its powers are only those con-
ferred to it by the States. All
other sovereign authorities and
powers technically are reserved
to the individual States them
selves. The Constitution sets
up three branches of the Gov
ernment-the executive, the
legislative and the judicial:
and it provides that neither
shall invade or usurp the
authority and functions Of the
other. We find ourselves today
in a situation where a func-
ton of our Federal Govern
ment, the Supreme Court Of
the United States, has gone
beyond the limits of its author
ity. and in rendering the de-
cision concerning the rights
of the States and its mandates
collateral thereto it has vio-
lated the constitutional pro-
visions and violated the rights
of the sovereign States and
the rights of the individual
citizen. by extending its
authority and actions over and
into the legislative and the ex-
ecutive functions OF Govern
ment and by extinguishing
practically the last vestige Of
State sovereignty and the
police powers specifically re-
served unto the State govern
ment. Isn'tMit the right of
every citizen of the United
States. under the realm of lib
erty and freedom. as is the
ideal of American democracy,
to repel and fight back and
resist against any force that is
an invasion Of his rights and
liberties guaranteed by the law
Of the land?
OF course the Gray Commas