Show enforcing thea the amendments m A C caso easo lw that is known as the grant parish case is to be argued in the supreme court of the united otate durin during the present term it is an art appeal from a deemon decision of nir justice bradley which arres arrea arrested ted judgment in the case of the tha united states vs nash and others indicted and convicted for cona con and aud a iad lad murder under the enforcement act of 1870 the tho appeal will require a decision dc cislon by the supreme coutt of the meaning and eit eid effect act of the clause placed laced at the end of the ato ate amendments or of the tha th 9 federal constitution by power is giyen glyen to congress to ent grene en eni i force those amendments oby by ap atef legislation the amendments prohibited the states from doing certain things this thiis however was nol not the first time that thai the federal constitution restricted the power of the states in relation 11 to matters that were within their exclusive province the ori orl original inal inai constitution con contained Wined ten or twelve such prohibition among the most mont familiar of wb il are ane e those which jh prevent the pas ps j sage sago of annex any ans ea post facto law or law impairing the obligation of contracts but not create in congress any special 0 ov substantive ivet legislative power to eu en 6 force dorco these prohibitions it was wad Ws assumed that they waula enforce re themselves so to toi aspea through irig the operation otilie jud fud 10 al power powe r which being behim made to ex extend t d to tol all cases arising under tion would reach any me casein in which 4 a violated one of these tiles pa prohibitions and thus thua it would b N 3 declared voi vol void vold dand and become inoperative all the legislation that would would needful would consist irr in proviso jons jona that thab would wound keep hepp open the access cessato to the tha supreme court of h united states which would be bd accomplished ty by providing for mhd transfer to that ultimate tribuna tribunal of any case dasa that involved the tha com 4 st ruction tim or operation of any par part 0 of the federal constitution the framers framer of the there fere fore did not consider it needful 0 wise to provide provida for the thel prohibitions prohibit ions iona addressed to theodate tho the otate tate ey by the creation of a special and af formative girma firma tive tiyo legislative leg illative power in con coni t gress greas they intended tb that at Con congress gress gresA should have bave nothing to do with enforcing fordi fondi dg these prohibitions boyon 4 the provision of the nece necessary seary means for enabling the judie judic judicial igl lil power to make them ef effectual aa as the supreme law law of the land but now we have amendments of that constitution which alq ar claimed to have enlarged the legislative power of congress by th the creation ora ofa substantive and af afy nai 9 power to do what is de scribed ascribed bed as enforcing the now new prohibitions which those amendments have addressed to the state it is to be observed that these new prohibitions do not differ in their nature mature from the old ones luike lilethe the old ones they are simply declarations or provisions rovis lons ions of a fundamental eind imperative operative pera tive character that the st states teh tea shall not do certain things thus the fourteenth amendment declares that no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of t the he united states state nor deprive any person of life liberty or property without due process of law nor deny to any person within its jurisdiction the equal protection of the laws and the fifteenth amendment declares that the right of citizens of the united states to vote shall not be denied or abridged by the united states or by any state on account of color race or p previous re c condition ondi tion of servitude 21 tt it is plain that these provisions can all be enforced by the judicial power of bf the united states without any li intervention by congress if left to their own operation but what is the meaning and 0 operation of the ciamei clause which gi gives ve ltd congress Ion gress gless power to enforce enforce these provisions by appropriate legislation Is it to be regarded as a departure from the system t that hat has always prevailed in regard to the operation of these restrictions which a are re imposed on the states which they were left to be enforced by the judicial does it create in congress an active affirmative power of legislation by which without waiting for any breach of the inhibitions by a stateman State can enter a state and make laws on any subject that touches touche 4 the enjoyment of life liberty or proper tyer the equal protection of df thel tile laws or the exer i else of the elective franchise by colored persons or anything else that belongs to the privileges or im muni muhl ties of citizens of th the united states Is this the result of declaring ingabo ingbo by an amendment of the federal constitution constitution that a state shall not do what the amendment forbids it to do and then saying that congress gre ma may enforce the prohibition by b a appropriate legislation it is quite alte obvious that if this 4 i feet there e Is ia no lim limit it to the cen thatis thab that it produces on the other mindi hand if the enforcing 14 clause of these amendments is be limited jn in its construction to the provision of meang means for enabling the judicial power of the tho United states to declare any auy stata stame law inoperative that violates oneff one of these pra prohibitions hib hibit ions long or to the definition of the tha rights that pertain to united states citizenship the whole country without any exception of party or section will be able to regard th tha the 1 1 amendments m ants 6 aa wie and salu saiu salutary ta r improvements or our federal gysi tem the decision of these questions by the supreme court wil therefore be looked fon fen with grea great greab interest new mew toru tord derald herald dec 12 |