Year: 1868

Has the law making power of the United
States Il. G. Congress and the President, or
Congress alone by the vote of two-thirds of
each House over the Presidents veto) the con-
stitutIonal power to enact how many Judges
of the Supreme Court must concur In any
Judgment or decision to render IL valid
What is the Supreme CourtP A member or
portion of the Judiciary Department OF the
Government The Constitution provides that
there shall be such Court, but 1t does not
even say of how many Judges 1t shall consist,
nor what the qualifications of Judge shall
he, save that he must be appointed by the
President and confirmed by the Senate, and shall
hold his Office during good behavior. While the
Constitution requires Congress to create Su-
preme Court, yet the Court is organized under
the laws of Congress. It's powers may be regu-
lated, expanded or abridged by law OF Con-
gress. in all respects on which the Constitution
is silent, under the general provision that Con-
gress shall have power TO make all laws
which shall be necessary and proper for carry
ing into execution the foregoing powers, and
." all other powers vested by this Constitution
in the Government of the United States





The Supreme Court is a part of the Judiciary
Department of the Government, and hence
Congress has power to make all laws necessary
for carrying into execution any of the powers
of the Supreme Court 1t is the law-maklng
power for the Supreme Court as well as for
the President. The position that Congress has
no power to enact how many OF the Judges
may pronounce a judgment, when they nave
the admitted power to make the Judges many
or few when, in fact, the entire Court Is created
by acts of Congress, is wholly untenable.


The Constitutions of the United States and
of the several States require, in certain solemn
adjudications, a twOthird vote OF the Judges
ON questions of law, and tho jury system
which is Incorporated into all our constitu-
tons. AZ one of the pallddia of individual life
and liberty requires unanimous decision Oh
the tribunal to which oil questions OF fact are
referred. Is it not, therefore. an anomaly In our
administration OF justice that the vote OF SIN
gle Judge, bare majority of one, shall suihce
to overthrow and practically repeal an act OF
Congress, in the passage of which two hundred
legislators, very many of them better Jurists
than the Judges of the Supreme Court con-
Cured 7 To allow law of Congress to be set
aside by the entire bench is vast subjection
of the legislative to the judicial power
at any time. To allow this to be done
by bare majority of one, when
the act involves the political disfranchisement
of race of four millions of men, and the
future peace and unity of the country is to
suspend a universe Of disaster on single hair
Congress il therefore determined that the
Court which few years ago perpetrated the
pred Scott infamy shall not to-day recklessly
embroil the country i'll strife by o'erturnins,
for political reasons, the legislation of Congress.
For Judges of the Supreme Court are capable
of making decisions from political bias, and OF
usurping functions that are properly legislative
and of setting the seal of law to the most
stupendous crimes and folies. They are less
exempt from error than bodies in which larger
numbers of wiser men, freshly elected by the
people, concur in the decision.