The journal. (Caldwell, Ohio) 1934-1961, 1958-10-02
M GaAhington
with Rep. John Henderson

Inc ndLlO1 has DeeH ODSeIVlllS
Constitution week with appro-
pirate ceremonies and programs
in schools and service clubs
throughout the country. This
document is unique in SO many
ways-in it's brevity, its flexi-
bility, it's timelessness and its
challenge to other nations and
peoples.
The document was drafted in
1887, and became effective in
1888, ITO years ago. Old as it now
is, in relative terms the ink is
hardly dry on it. One hundred
seventy years is but day In hu-
man history. When our forefath-
ers declared their independence
in 1776 some of the colonists had
already lived under written char
ters from the British crown for
169 years, just one year less than
we have lived under the present
Constitution.
Congress has a close and con-
slant relationship with the Con-
stitution. In the first place, 1t IS
creature of it, and must act
within the limitations set down
by it. The size of the Congress,
the tenure of members, the con-
vening of sessions and the frame
work within which it must work
are all set forth. Congress may
make no law prohibited by its
restrictions Congress is power
less to interpret it so as to change
its provisions.
Amendments
Congress does have the power
to propose a change or amend
ment to the Constitution, and on
several occasions has done so.
But the mere proposal requires
greater concord among members
than is required in passing ordin-
ary legislation Two-thirds of the
members Of both houses must
concur in proposing an amend
ment. The last such attempt was
four years ago when the Senate,
by q narrow margin failed to
obtain a two-thirds vote on the
Bricker Amendment Since the
measure failed in the Senate, the
House took no action.
Each year many resolutions for
the purpose of amending the Con
stitution are offered by members
of Congress but their chances of
consideration are very remote. 1t
has been suggested by some that
the methods of amending the
Constitution are too cumbersome
and difficult. Few indeed are
the changes which have been
made, twenty-five, in all. Ten of
| those amendments were made at
one time in the Bill of Rights. ]
| cannot agree that the difficulty
of amendment is a weakness in
the framework. Rather, I believe
it is a source of strength which
has prevented us from being
blown about as straw in the
wind. Great need, and over
whelming public acceptance must
exist to set in motion the amend
atorv process and the ratification
of the proposal by the States.
Some recent proposals for
amendment, in addition to the
| BriclSer proposal are amend
ments to restrict the percentage
Of income tax, TO prohibit gov
ernment competition with pri-
vate enterprise, to limit the
| President to one term of six
years, to provide procedures in
event of disability Of the Presi-
dent.
Judicial Review
The courts power to interpret
the Constitution, and their de-
cisions in this regard have be-
come a subject of controversy
which has been unceasing. From
time to time the controversy
takes on tremendous proportions,
particularly when the court de
parts from previous interpreta-
tions or what the public had be-
lieved previous interpretations to
| be. Some have questioned the
| right of the courts to interpret
but this right had not been sue
cessfully challenged. No genera
ton of court members has escsp-
| ed threats of impeachment. Eff
| forts have been made to pack
the court by increasing the num-
bers. Other public disagreements
have been met by constitutional
amendment.
But the greatest wave of pro-
test came, both from Congress
and from the public, when at the
turn of the 18th Century the
Supreme Court took it upon it.
self to declare legislative en-
actment unconstitutional. The
authority of the court to assume
such power was debated far anc
wide. The audacity of the court
to usurp such power (as some
believed it had done) was con
demned bitterly. The controv-
ersy continues to rage today
Congress feels piqued that anoth
or branch of government may
limit its power by finding that il
acted without authority.
Nevertheless the threat of un,
constitutionality has, in mos
instances. served to keep Con
eressional action within accept
able bounds and has made mos
members Of Congress more con
| scious of their duty to suppor
and defend the Constitution.
Legislators have their auth
| ority measured by the Constitu
ton" says Cooley, They ar
chosen to do what it permits, ant
nothing more, and they talk
solemn oath to support it
To pass an act when they are il
doubt whether it does not violat
the Constitution is to treat a
of no force the most imperaiv
i AtN1tnofinr &c