Show y Jh-e Jh hA It WEEKLY VIE EKLY H IN A CONS CONSTITUTIONAL TIT UTI ONAL by bv MAX BERNS Prohibition and Repeal I What makes an act unconstitutional Before we the people added the prohibition Amendment to to our Constitution Congress had bad no power to pass a dry law An Any such la law w would havo have been unconstitutional because In conflict with our Constitution After Atter adoption of or the Amendment in 1919 Congress had power to and then did pass the Act dry law In 1933 we the people adopted the repeal Amendment Congress Coo Cone gress iren did not oot repeal the Act he because ause upon adoption of or the Amendment the Act automatically became void Being in con conflict lct with our Constitution as amended It was of or Itself void void void-In In other words It was Inoperative because because be bee cause unconstitutional It Is s the same with any act of Con grass gress It If the act conforms to our Constitution as al the au supreme preme law 10 w then It U Is valid opera valid effective opera tive It If repugnant to that is In con nl Diet L with our Constitution the act actIs actIs actis is of or Itself void The Supreme Court does not Invalidate Invalidate In validate an Act of or Congress It aim aim- pi ply tries a case when brought be bee before tore fore It It If It finds the Act of or Congress Con Can press gress conforms to our Constitution It U 10 so declare declares It If It finds fads the Act in 1 1 1 conflict with our Constitution it so states b by declaring the Act unconstitutional It If the Act had bad been tried In Court while the lath Amendment was operative It would have bave been beon found round valid It If Congress should pass a similar 13 law w now and the President undertook to enforce It and a citizen clUzen brought the ca case into Court the Court doubtless would declare It unconstitutional But It Is not the Court which the act It is the action of or on gress In ID passing a la law w in with our Constitution that makes the la law w void Next Week The Y of or orthe the People Copyright 1936 b by Max |