| OCR Text |
Show .s s . .sThe r The TheSUPREME Thea TheSUPREME a- a aSUPREME r - . SUPREMECOURT SUPREME COURTp COURT I p rrr " ? , AND HOWb HOW HOWThe r-- r . : ; - rS S b . . IT WORK WORKS WORKSThe S The Will TT/ill TT ill TTillof Willof / of the People PeopleBy By ROBERT ROBCRT MERRILLTHE MERKILL MERRILL MERKILLBHE BHE THE Supreme court eXIsts eXIststo existsto existsto to interpret mterpret the will w1l1 of ofthe ofthe ofthe the people as e expressed .pressed pressed > . m in mtheIr intheir mtheir theIr basic law-the law the law - the Consti ConstI- ConstItutlon Constitution Constitution - - tution tutlon . But the tbe task is not always an aneasy aneasy aneasy easy one Sometimes the members membersof of the court themselves are not in inaccord inaccord inaccord accord Sometimes critics outsIde outsIdethe outsidethe outsidethe the court disagree with its findmgs findings findings.That findingsThat . That is only naturalConsIder naturalConsider natural naturalConsider Consider , tor for example , three of our ouroutstandmg ouroutstanding ouroutstanding outstandmg outstanding constitutional rIghts rIghtsTrial rightsTrial rightsTrial Trial by jury , . immunity immuruty from un- un unreasonable un unreasonable . - reason reasonable lble < search , and prohibition prohibitionupon prohibitionupon prohibitionupon upon the tbe t taking lkmg < of l life e , liberty hberty or orproperty orproperty orproperty property without due process of law . The language of the ConstItutIon Constitutionas as to the first of these is very clear ; as to the second it is less clear , and andm andin andin m in the case of the third thll'd thlld ' it is still stillmore stillmore stillmore more vsgue va.gue vague . vsgueDefining vagueDefining Defining Dcfining Our Rights . Since the function of the Supreme Supremecourt Supremecourt Supremecourt court is to protect the indivIdual indivIdualcItIzen individualcitizen individualcitizen cItIzen against agamst the invasion mvaSIon of hIS hISconstItutIonal hisconstitutional hisconstitutional constItutIonal rights , the task of ofthe ofthe ofthe the court is easiest easlest when , m in the theConstItutIon theConstitution theConstitution ConstItutIon , the will wlll of the people peoplehas peoplehas peoplehas has been ' : clearly expressed Thus a afederal afederal afederal federal statute authorizing authonzmg a Judge Judgeto judgeto judgeto to dismiss the jury in a cnmmal criminal cnmmalcase criminalcase criminalcase case and himself hlmsclt pronounce the de- de defendant defendant de defendant - - fendant guilty would be a n faIrly faIrlyclear fairlyclear fairlyclear clear violation vlolatIon of the provision that thatthe thatthe thatthe the trial tnal of all crimes shall be by byjury byjury byJury byJuryIn jury juryIn In case of a warrant to search a acItizen's acitizen's acitizen's acitizens cItizen's cItizens ' house , there might be plen plen- plenty plenty plenty - ty of room for d difference Ierence of opmlOn opinion opmlOnwhether opinionwhether opinionwhether whether the attempted search was wasor wasor wasor " . " * ' or was not "unreasonable unreasonable Fmallyhen Finally Fmally , . when \\hen hen \ the citizen clhzen complains com com- complams complains - plains plams merely that the congress IS ISproposmg isproposing isproposing proposmg proposing to deprive him h1m of o ( l1berty liberty libertyor l1bertyor or property without giving gIvmg him a asquare asquare asquare square deal , the court has the d diffi- diffi difficult diffi difficult - - cult task of determining determmmg , upon the thefacts thefacts thetacts facts of his case , whether or not nothIs nothis nothis hIs complaint complamt is well foundedIn founded foundedIn In all three cases , however , . it is isImportant isimportant isimportant Important to remember that the lan lan- language language language - guage of the Constitution ConstItuhon is not thecourt's the thecourt's thecourt's thecourts court's courts ' language , . but the people's peoples people'sAs ' As is stated m in its Preamble , "we we "wethe wethe " , the people " wrote the ConstItutIon ConstitutionAs As was also provided in the orlgmal orlgmalI original orlgmaldrait originaldraft originaldraft I drait draft , we , . the people , can change changeits changeits I IIts Its language or provisions provlslons We have havem , . : m in fact , done so many times , through throughthe throughthe I Ithe the process of amendment And Andwhen Andwhen Andwhen when whene \\e e we \ v e make such changes the theSupreme theSupreme theSupreme Supreme court has no ( . choice .h01ce h01ce but to toapply toapply toapply apply , to any case , the rules whIch whIchthe whichthe whichthe the people have writtenThe written writtenThe The Case of \ Mrs 1\lrs 1 lrs . Minor . The Equal Suffrage Amendment Amendmentoffers Amendmentoffers Amendmentoffers offers an interesting mterestmg illustration of ofthIS ofthis ofthis ofthisLet's thIS thISLet's Let's Lets ' go back into mto a bit ot of general general- generally - . ly forgotten history for an Illustra lllustra illustra- illustration Illustration . - tion : In 1872 Mrs lVIrs Virginia Vlrgmla Minor lVImor , of ofMIS ofMissouri ofMissouri MIS Missouri < : Ourl , , was denied the privilege prlvllege of ofreglstermg ofregistering ofregistering reglstermg registering as a voter m in that state stateShe stateShe stateShe She insisted that she had the rIght rIghtto rightto rightto to vote , . and brought suit against agamst the theofficer theofficer theofficer officer who would not let her herregister herregister herregisterHe ' regIster regIsterHe He held that the constitution constItuhon and andlaws andlaws andlaws laws of Missouri MISSOUrl provided that "Ev Ev "Ev- "Evcry "Every "Every " - , ery cry male citizen cltizen of the United states statesshall : ; Statesshall tates tatesI tatesshall I shall be entitled to vote " Mrs Mi 1\11- 1 11 Mi- 111nor Minor \ Minor - nor replied rephed that denying aenymg aenying her the thevote tlievote I Ivote vote was a violation of her rights ot of otcltIzenship ofcitizenship ocitizenship ( cltIzenship citizenship under the United States StatesConstitution StatesConstitution I IConstItutIon ConstItutIon , and therefore the pro pro- proV1Slons provisions provisions - visions V1Slons of the constitution and laws lawsof lawsof lawsof of Missouri MISSOurl were in m this case vOIdThe voidThe void voidThe The appeal went to the UnIted UnItedStates UnitedStates UnitedStates States Supreme courtAfter courtAfter court courtAfter After hearing hearmg both sides it de- de decided de decided - . cided unanimously that while wom wom- women women women - en had always al\\ays al ays \ been considered cit- cit citlzens citizens cit citizens - izens lzens , nevertheless the right to vote votehad votehad votehad had not been made one of the priv prlV- prlV prlVlIeges priv- priv privileges privileges - - ileges lIeges of a citizen by the UnIted UnItedStates UnitedStates UnitedStates States Constitution , and that the the14th the14th the14th 14th Amendment to the Constitutiondid ConstItutIondld ConstItutIon dld did not add the right nght ot of suffrage to tothe tothe tothe the privileges prlvl1eges and immunities of ofcltIzenship ofcitizenship ofcitizenship cltIzenship citizenship as they existed at the thebme thetime thetime bme time of its adoptionAmendment adoption adoptionAmendment Amendment Clears Situahon Situation Situation'It SituationIt . 'If If ' the law Jaw is wrong , " held the thecourt thecourt thecourt court , ' it ought to be changed , but butthe butthe butthe the power tor for that is not with wlth us " It held further that under the Unit UnIt- UnIted United United - ed States Constitution ConstItuhon , . * ' the Consti Consti- Constitutions Constitutions - . tutions tuhons and laws of ot the sever several severalStates severalStates ll llStates States which commit that important importanttrust importanttrust importanttrust trust to men alone are not neces neces- necessarily necessarily necessarily - - sarily void VOld " Today that situation SltuatIon is changed- changed changedbecaucc changedbecause changed changedbecause - because becaucc ; the people decided t that thatwomen thatwomen hat hatwomen women should have the right to vote voteand voteand voteand and said so clearly in the 19th 19thAmendment 19thAmendment 19thAmendment Amendment , adopted in 1920Emphatically 1920Emphatically 1920 1920Emphatically Emphatically they asserted : "The The "TherIght "Theright "Theright Theright " rIght of citizens . fcl c.f cf the United Umted States Statesto : > Statesto tates tatesto to vote shall shaU not be denied or orabridged orabridged orabridged abridged by the United States State : . cr by byany byany byany any State on account of sex " . Since Smce 1920 any law Jaw which WhlCh deprlved deprived depriveda deprlveda a woman of the right to vote votc would wouldclearly wouldclearly wouldclearly clearly be unconstitutional unconshtutional , and the theSupreme theSupreme Supreme court would so declare declareWhat declareWhat declareWhat What had formerly tormerly not existed as asa asa asa a right was made a right by the peo peo- people peopie people - ple pie , by changing changmg the rules Western Newspaper Union UnJon |
