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Show - " The- The TheSUPREME The , _ - SUPREMECOURT SUPREME COURTE COURT 3 ; E AND HOWIT HOW HOWs s . IT WORKSOur WORKS WORKSOur Our National Natzorzal Umpire Umpzre UmpireBy UmpzreBy By ROBERT nOBIRT : MERRILLTHE RIERRILL MERRILL RIERRILLBHE BHE THE Supr Supreme eme court of the theUnited theUnited Umted United States has fre frequently fre- fre frequently frequently - quently been described as as"Our as"Our "Our Our " National Umpire . . " This is because its purpose purposeis IS to keep both the govern govern- government government government - ment and the people wIthIn withinthe withinthe the rules as fixed m in our fun fun- fundamental fundamental fundamental - damental law - the Umted United UnitedStates UnitedStates States Constitution ConstitutionIt It constitutes a significant slgmficant factorin factor factorin factorin in our federal government of threeco three threeco threeco co ordinate ordmate branches - the legisla legIsla- legIslatIve legislative legislative - tive , , which makes the laws , the theexecutIve theexecutive theexecutive executIve , which administers admlDlsters thelaws the thelaws thelaws laws ; ; and the judicial , , which m- m in- in mterprets interprets in interprets - terprets the laws The Supreme Supremecourt Supremecourt Supremecourt court heads the judicial branchWIth branchWith branch branchWith With the other two branches of ofgovcrnmcnt ofgovernment ofgovernment govcrnmcnt government , , , the court was wa3 first estabhshed es- es establIshed es established - tablished tabhshed by the Constitution a cen cen- century century century - ' tury and a half ago Like Lme them , ithas it ithas ithas has progressed from a series oftemporary of oftcmporary oftemporary tcmporary temporary quarters in New York Yorkand Yorkand Yorkand and Philadelphia , , during durmg the early earlydays earlydays earlydays days of the nation , to an impressivehome impressIve impressIvehome impressivehome home of its own in m Washington Washmgton Likethem LIke LIkethem Likethem them it has played an mterestmg interesting interestingpart mterestmgpart interestingpart part in the development of constitu constItu- constItutIonal constitutional constitutional - tional government . . . Protects Citizen's Citizens Cltlzcn's Cltlzcns ' Rights . Under our Constitution , the Supreme Su Supreme Supreme preme court acts not only to decidecertain decIde decIdecertain decidecertain certain grave problems of law , butalso but butalso butalso also to protect the individual mdlvldual cluzen cttazen cluzenagamst cttazenagainst citizenagainst agamst against any encroachment on hisconstitutional hIS hISconstItutional hisconstitutional constItutional rights nghts by governmentHow governmentHow government governmentHow How does thISlOrk this \ work7 \lOrk lOrk work ? ' Well , for forexample forexample forexample forexampleWhen example exampleWhen When congressmen enact a law lawand lawand lawand and the President signs it , they all allmay allmay allmay may be convinced convmced that it conforms conformsto to the Constitution An mdlvldual individual individualcitizen individualcitizen mdlvldualcItIZen cItIZen , however , may with equalhonesty equalhonesty equal equalhonesty honesty believe bclIeve that it violates somerights some somerIghts somerights rIghts which the Constitution guaran guaran- guarantees guarantees guarantees - tees to him hJJn hJJn"I him"I him"I "I I " need , , " says the citizen , "an an "anIndependent "anindependent "anindependent anindependent " Independent decision as to whether whetherthIS whetherthis whetherthis thIS act is the constitutional measurewhich measure measurewinch measurewinch winch which the congress says it is , , or orwhether orwhether orwhether whether , as I think thmk , , it is an act actthat actthat actthat that deprives me of a right vital to tomy tomy tomy my welfare and happiness happmess happmessto to " toIn In such a situation sItuahon it is obviousthat obvious obviousthat obviousthat that what the citizen needs is anumpire an anwnplre anumpire wnplre umpire independent mdepndent mdepmdent . ? of both congressand congress congressand congressand and President who will wlll decide the theIssue theissue theissue Issue with all the impartiality of ofwroch ofwhich ofwhich wroch which men are capable The Su- Su Supreme Supreme Su Supreme - preme court of the United Umted States issuch is issuch issuch such an umptreIf umpireIf umpire umptre umpireIf If , , for example , the citizen thinksthat thInks thInksthat thinksthat that tlie the act in m question deprives himof hIm hImof himof of trial by jury or that it subjects subjectshis subjectshis s bJects bJectshIS hIS house to unreasonable searchor search or that it takes his property wIthout wIthoutdut withoutdut withoutdut dut . , . process of law , he may carryhis carry carryhIS carryhis hIS appeal all the v/ay v ay way / up to the theSupreme theSupreme theSupreme Supreme court of the United Umted Statesand States Statesand Statesand and ask for equal justice under the thelaw thelaw thelaw thelawIf law lawIf If the court decides that the act actconforms actconforms actconforms conforms to the will of the people peopleas as expressed ; m in the Constitution , thecitizen's thecitizens the thecItIzen's thecitizen's cItIzen's cItIzens ' complaint complamt will be dlS- dlS dis- dis disn dis-njssed dis njssed dlS.lssed - n .lssed lssed issed . If , however , the decision isthat IS ISthat isthat that the Constitution has been VIO- VIO VIOlated violated vio violated - lated , , the act will not be permItted permittedto to prevail against agamst the right of the thecltlzen thecitizen thecitizen thecitizenReviews cltlzen citizen citizenReviews Reviews Humblest Cases . This function was recognized recogmzed by bythe bythe bythe the court in m an early opinion opmlon deliv del1v- del1v deliv- delivered del1vered delivered - ered by Chief Justice John Marshall Marshallwhich , WhICh held , m in effect . , that since SlIlce theConstitution the theConstItutIon theConstitution ConstItutIon is the basic lav/ lav law lavof / of thenation the thenatIon thenation natIon , , any act which conflicts COnfilcts WIth WIthIt withit withit It is unconstitutional and the courts courtsmust courtsmust courtsmust must so declare . It has been reit reIt- reIterated reiterated reiterated - erated in 1Il various later opinions opmlons , and andbc"ome andbe"ome andbecome bc"ome bcome be"ome beome " a frequent subject of debate debatebetwccn debatebetween debatebetween betwccn between supporters supportcrs and opponents . Neither the citizen who Invokes InvokesthIS invokesthis invokesthis thIS judicial protection , nor the CJr- CJr cir- cir CJrcumstances circumstances cir circumstances - cumstances which occasion it needbe needbe need needbe be particularly important unportant It covers cov cov- covers covers - ers the humblest of men , under allconditions allconditionsOn all allcondItIons allconditions condItIons condItIonsOn On one occasion , , for instance instnnce , con con- congress congress congress - gress passed an act providing provldmg providmg that thatI that1Il thatin thatin I 1Il in certain certam cases a person might be beImpnsoned beimprisoned beimprisoned Impnsoned imprisoned at hard labor w'thout wthout without w'thouthavmg withouthaving w'thouthaving wthouthaving ' havmg having been first indicted mdlcted by a grandjury grand grandJury grandjury Jury Under this act a man was wasconvIcted wasconvicted wasconvicted convIcted of an offense and sen- sen sentenced sentenced sen sentenced - tenced to six months in m a local work work- workhouse workhouse workhouse - house at hard labor . His appeal was earned carned carried before theSupreme theSupreme the theSupreme Supreme court The justices foundthat found foundthat foundthat that a constitutional right assured assuredhim assuredhim assuredhim him in III the 5th Amendment had been beenvIolated beenviolated beenviolated vIolated Under Its provisions , , they theypomted theypointed theypointed pomted pointed out , "when when " an accused is 1Il in 1Ildanger indanger indanger danger of an infamous punishmentd punishmentif punishment d if convicted , he has a right to mSlst insist mSlstthat insistthat insistthat that he be not put upon trial tnal except excepton on the accusation of a grand jury . " Work Applies ApplJes to All Alt . In other othcr words the court decidedthat decIded decIdedthat decidedthat that the act of congress under whichthe whIch whIchthe whichthe the citizen had been sentenced vio vIo- vIolated violated violated - lated the rules as ns fixed by the people peoplein 10 in the Constitution and was , , there there- therefore therefore therefore - : fore , , vOIdThis voidThis void voidThis This is only one of many cases casesbeard casesheard casesheard beard heard by the Supreme court wroch which whichdid wrochdId whichdid dId not involve major crimes or orpromment orprominent orprominent promment prominent persons But it and oth oth- others others others - ers similarly decided did involveconstitutional mvolve involve mvolveconstItutIonal involveconstitutional constItutIonal rights , applying notmerely not notmercly notmerely mercly merely to the men concerned but to toall toall toall all citizens That made them im- im important important im important - portant enough for our National Um Um- Umpire Umpire Umpire - pire to rule upon . . 0 C @ Western Newspaper Union . . |
