The Farmville herald. (Farmville, Va.) 1957-current, 1963-07-26
Not The Supreme Law OF The Land
BY The HON. SAMUEL B. PETTENGiLL
Former Congressman from ndiono Dem, 10000


The general acceptance Of TO-
days slogan that nine or even
five men, neither elected nor re-
movable by the people, can re-
write the Constitution as they
see fit, and that it then becomes
everyone's duty to accept their
views as ''law," is a long stride
toward Bonapartism in this
country.
The saying that The Consti-
tuition is what the Supreme
Court says it is" is attributed
to Charles Evans Hughes. But /
have a letter from a former
justice of the Supreme Court
who says that Hughes told him
that he was speaking in a jocu
lar mood, and had always re-
GREETED his remark.
A cision by the United
States Supreme Court on a Con
stitutional question, is not only
not the supreme law Of thu
land" it is not any kind of law
This is because court ha
no authority to make law, Of
amend the Constitution. Its judg
ment, whether right or wrong
is. of course, binding on the lit
giants in the case, unless re
versed on appeal.
But it is not binding on other
persons. AS Chief Justice Harlan
F. Stone said in 1912, a courts
judgment is binding only on
the parties to the particular pro
ceedings," columbia Broad
casting Company vs. Unite d
States, 316 us. 4O7). This state
ment by the Chief Justice should
dispose Of the question, especi-
ally as there was no dissent to
1t is true, of course, that
other persons - judges, public
officials or private Individuals
may agree that the reasons
given by a court for its decision
are sound and right, and decide
to follow them in similar Situa-
tons.
But they may not agree and
that is their right. Why? Be
cause a court judgment is not
law. No court has the authority
to make law.
This point is much more i'm
portant than the Brown case it
self, respecting Negro children
in our schools, no matter which
way that case could have been
decided.
Law can be laid down only by
those who have the authority to
make law. In our country, that
authority is given only to legis-
latorS, elected by the people,
and removable by the people.
Or it is in the People themselves
in adopting, or amendingtheir
Constitution, federal Or state.
There let it remain!
The Constitution says how it
can be amended - only by the
People, in the manner prescrib-
ed. No court is mentioned.
Legislative Power in Congress
Second, the Constitution says
that all legislative, or laWmak-
ing powers Of the Federal gov
eminent are vested in Congress
1t does not make the Supreme
Court a constitutional conven-
ton. AS all federal legislative
power is vested in Congress,
none is vested in the Supreme
Court!
Third, the Constitution says
that this Constitution and the
laws of the United States which
shall be made (by Congress- in
pursuance thereof (plus treaties
shall be the supreme law of the
land" and all judicial officers,
both of the United States and of
the several States shall be bound
by oath or affirmation to sup
port this Constitution.
All judges take this oath. 1t is
a contradiction in terms to ar
que that a judge can lawfully
change what he has taken an
oath to support.
This was universally accepted
for a century and a half until
recently. AS Chief Justice Mar
shall said in 1924. Judicial DOW
err. as contra nj fro,,,