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EDITORIAL The Constitution? III The men who drafted the U. S. Constitution got along fine, till they abandoned general principles and tried to specify just how a certain thing should be done. That is exactly what they appear to have tried to ?Jo in Article 2, which appears on this page. It sets ?out in complicated detail the exact method to be followed in the election of a President and a Vice President. And it didn't work. Although sentiment already was sharply divided on the subject of a strong central government vs. a weak one, it doesn't seem to have occurred to "the founding fathers" that we would have parties in this country. Nor did they have in mind election of the President and Vice President by the people. In stead, the people were to name as electors men in whose character and judgment they had confi dence; then the electors would meet and, using their own judgment, would ballot for a President. The man who got the second highest vote in the .Electoral College would be the Vice President. The. new government was only 12 years old ?when trouble developed. In 1800, each of the two parties put up two candidates, one to be President, and the other Vice President. The Democratic-Re publican party won the election, and naturally all the electors of that party voted for its candidates. The result was that Thomas Jefferson and Aaron Burr got the same number of electoral votes. It took 36 ballots in the House of Representatives (where each state had one vote) to break the tie. The 12th amendment, adopted in 1804, sought to solve the problem. But questions about the method of election, the Presidential succession, and the term ?of office have continuted to plague the country. . "The. 20th and 22nd amendments, both adopted in recent years, deal with the subject ? but the prob lem still seems unsettled. WHAT ABOUT THE COURTS? Did the constitutional convention of 1787 intend to give the Supreme Court the power to void acts of Congress or of the executive or of individual states, on the ground they violate the U. S. Con stitution? It seems plain that was not intended. Here are some of the evidences it was not : (a) The convention carefully spelled out, in all other areas, exactly what powers were delegated and which ones were not. And nowhere in Article 3 (which appears on this page), dealing with the judiciary ? or elsewhere in the Constitution ? is the subject even mentioned. (b) When it was proposed to the convention that the Supreme Court and the President, together, be given the authority to revise acts of Congress, the ^proposal was voted down. * <('c) Obviously, the question of whether the Con stitution was obeyed had to be left to the judgment and conscience of somebody. And the early history of the nation indicates Congress and the President felt they were the somebody. Whether a bill was constitutional was a major subject of debate in the early Congresses (as contrasted with the pres ent tendency of Congress to pass the buck to the Supreme Court). And as late as the Reconstruction period, President Andrew Johnson repeatedly ve toed acts of Congress, on the ground they violated the Constitution. Half a century after adoption of the Constitu tion, President Andrew Jackson enunciated this doctrine : "The Congress, the Executive, and the Court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others. The opinion of the judges lias no more authority over Congress than the opin ion of Congress has over the judges, and on that point the President is independent of both." HOW DID IT GET IT? How, then, did the Supreme Court get the authority to determine the constitutionality of the acts of Congress and the executive and the in dividual states? There seems only one answer: It took it ? and slowly but Steadily, enlarged it. Some critics of the court use the word "usurp". And they apply that word particularly to John Marshall, who was Chief Justice from 1801 to 1835. Well, critics can find plenty of chinks in Mar shall's armor; there is abundant evidence that some of his decisions were dictated more by his personal hatred of Jefferson and his contempt for democracy than by the Constitution. It is true, too, that he probably did more than any other one man to make the Supreme Court the powerful force it has be come. But he cannot fairly be criticized (or praised) "for originating the idea that the Supreme Court is the arbiter of constitutionality. For as early as 1796, the Court approved an act of Congress, hold Swr it was constitutional, and therefore valid. This should be added, however ; The statement is often made, in defense of the court's alleged practice of "legislating" instead of merely "interpreting" the Constitution: "Well, the Court has always legislated." That just isn't true. During this nation's first 70 years, the Supreme Court invalidated only two acts of Congress as unconstitutional. And in only one of those ? the Dred Scott decision of 1857 ? could it be charged with "legislating". Incidentally, that bit of law making, as a matter of expediency (if it was that), went a long way toward precipitating the Civil War. The doctrine of changing interpretation to fit changing conditions is a relatively new one. It is worth noting, too, that it is only in the last quarter-century or so that the court has acted so often that nobody is ever quite sure what is legal and what isn't, until the Court has passed on it. That first Russian satellite was bad enough. But doggone the second one! Letters Why Doesn't Franklin Advertise? Editor, The Press: As a stranger In your midst, I have been surprised to find such a lack of foresight and neglect of extolling the virtues of Macon County. We are terminating a 12,000-mile tour of the United States and I can honestly say no lovelier views have we seen than the views in an area surrounding Macon County. A pleasing climate goes with the views. Your people are friendly, courteous, and graciously obliging. We like what we have seen, but nobody from Franklin told us of this lovely country. We Just stumbled across it In our travels. Why don't the town and county advertise the area more? We have purchased a home and soon we shall be spending our dollars here instead of in other areas. Somebody should get busy and start selling Franklin and Macon County. ARTHUR MARLAND Jensen Beach, Fla. liew! Things Really Looked Bad There For Awhile" How President Elected . The CONSTITUTION OF THE UNITED STATES ?HE? s (EDITOR'S NOTE: Below is the third installment of the Constitution of the United States, "which is being published serially by The Press. The re mainder of the Constitution, proper, will appear next week. In the fifth and sixth install ments, the amendments will be published.) ARTICLE II SECTION 1 ? 1. The Executive power shall be vested in a Presi dent of the United States of Amer ica. He shall hold his office dur ing the term of four years, and, together with the Vice President, chosen for the same term, be elect ed as follows: 2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole num ber of Senators and Representa tives to which the State may be entitled in the Congress; but no Senator or Representative or per son holding an office of trust or profit under the United States, shall be appointed an elector. 3. The electors shall meet in their respective States, and vote by ballot for two persons, of whom one at least shall not be an in habitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the Govern ment of the United States, di rected to the , President of the Senate. The President of the Sen ate shall, in the presence of the Senate and House of Representa tives, open all the certificates, and the votes shall then be count ed. The person having the great est number of votes ishall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal num ber of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. In every case, after the choice of the Presi dent, the person having the great est number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States. President's Qualifications 5. No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of Presi dent; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been four teen years a resident within the United States. 6. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death. DO YOU REMEMBER? Looking Backward Through the Files of The Freai , 65 YEARS AGO THIS WEEK 1 (1892) | Franklin has nine stores. , The balloon ascension was a failure last Saturday, as It would j not hold gas and failed to rise. It was a success in bringing out ( a large number of citizens to hear the public speaking. < Pork, flour, wheat, corn, rye, oats, wood, dried fruit, and 1 lumber will pay subscriptions to The Press . . Gold, silver and f paper currency will not be refused when offered. I 25 YEARS AGO * (1932) Macon County voters Tuesday swept the full Democratic county ' ticket into office: A. B. Slagle, sheriff; C. L. Ingram, representa tive; C. Tom Bryson, register of deeds; Walter Olbson. Ous Leach, and E. W. Long, commissioners; John H. Dalton, sur veyor; and C. M. Moore, coroner. With a quota of $375 to be raised, the Macon County chapter of the American Red Cross will launch its annual membership roll call November 11. John B. Byrnne will direct the roll call in Franklin, and Mrs. Carl 8. Slagle in the rural areas. 10 YEARS AGO For a sale price reported as approximately $25,000, Wayah View Cottages have been bought by Mr. and Mrs. James Vovos, of Petersburg, Ind., from Mr. and Mrs. Fred Cabe. Mrs. Sam Alexander and son, Mrs. Ous Leach, Mr. and Mrs. Bob Sloan. Mrs. George Bulgln, Mr. and Mrs. John Bulgin and children, Frank Duncan and daughter, Misses Ruth and Barbara Edwards, and Miss Elizabeth Jones attended the Ringllng Brothers Circus in Ashevllle last Friday. TREASON Like present-day Americans, the men who wrote the Consti tution wrre concerned with treason I the commoner modern word is "subversive"). It is significant, though, that their first emphasis seems to have been not on national se curity, but on protecting the rights of the accused. Section 3 of Article 3 (printed elsewhere on this page) is care ful to say exactly what treason is. Then it goes on to provide that "no person shall be con victed of treason unless on the testimony of two persons to the same overt act, or on confession in open court"; and to specify that conviction of treason "shall not work corruption of blood" ? that is, that the punishment shall not, as was true in Eng land, be carried over to the de scendants of the one convicted. ?esignation, or inability, both of the President and Vice President, Itclaring what officer shall then ict as President, and such officer shall act accordingly until the Usability be removed, or a Presi ient shall be elected. 7. The President shall, at stated times, receive for his services, a :ompensation which shall neither >e increased nor diminished dur ng the period for which he shall iave been elected, and he shall lot receive within that period my other emolument from the United States, or any of them. 8. Before he enter on the execu tion of his office, he shall take the following oath or affirmation : "I do solemnly swear (or affirm) ,hat I will faithfully execute the iffice of President of the United States, and will to the best of my ibility, preserve, protect and de rend the Constitution of the Jnited States." SEC. 2 ? 1. The President shall je Commander-in-Chief of the \rmy and Navy of the United 3tates. and of the militia of the leveral States, when called Into the actual service of the United 3tates; he may require the opin on, in writing, of the principal ifficer in each of the executive iepartments, upon any subject re ating to the duties of their re ipective offices, and he shall have lower to grant reprieves and par Ions for offenses against the Jnlted States, except in cases of mpeachment. Power* Of President .2. He shall have power, by and vith the advice and consent of the Senate, to make treaties, pro dded two-thirds of the Senators iresent concur; and he shall nom nate, and by and with the advice ind consent of the Senate, shall ippoint ambassadors, other public nlnlsters and consuls, judges of he Supreme Court, and all other ifflcers of the United States, vhose appointments are not here n otherwise provided for, and irhlch shall be established by law: tut the Congress may by law vest he appointment of such inferior ifflcers, as they think proper. In SUP the President alone, in the courts of law. or in the hsacs of depart ments. 3. The President shall have pow er to iill up all vacancies that may happen during the recess of the Senate, by granting commis sions which shall expire at the end of their next session. Report To Congress SEC. 3. ? He shall from time to time give to the Congress infor mation of the State of the Union, and recommend to their consider ation such measures as he shall judge necessary and expedient; he may, on extraordinary oc casions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjourn ment, he may adjourn them to such time as he Shall think proper; he shall receive ambassa dors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. SEC. ,4 ? The President, Vice President and all civil officers of the United States, shall be re moved from office on impeach ment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE in SECTION I? The judicial pow er of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. SEC. 2 ? 1. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; ? to all cases af fecting ambassadors, other public ministers and consuls;? to all cases of admiralty and maritime jurisdiction; ? to controversies to which the United States shall be a party; ? to contro versies between two or more States; ? between a State and citizens of another State; ? between citizens of different States; ? between citizens of the same State, claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citi zens or subjects. 2. In all cases affecting am bassadors. other public ministers and consuls, and those In which a State shall be a party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate juris diction. both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. Trial By Jury 3. The trial of all crimes, except in cases of impeachment, shall HEME COURT SET UP be by jury; and such trial shall !>."? held in the State where the said crimes shall have been com mitted; but when not committed within any State, the trial shall be at such place or places as th? Congress may by law have di rected. SEC. 3 ? 1. Treason against the United States, shall consist only in levying war against them, or, in adhering to their enemies, giv ing them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. 2. The Congress shall have pow er to declare the punishment of treason, but no attainder of treason shall work corruption o? blood, or forfeiture except during the life of the person attainted. RACE AND DIGNITY A Thought (From yesterday's talk by the editor on The Press' weekly 7:45 a.m. Wednesday program, "A Thought For Today", over Sta tion WFSC). Booker T. Washington said it: "No race can prosper till it learns that there is as much dignity in tilling a field as in writing a poem." The great Negro leader was speaking to members of his own race. But his words, far ahead of their time, might well have been addressed to all men, of all races. Because, even today, we have not fully learned th? lesson that there Is dignity in all useful work. Dignity is not dependent on avocation or cir cumstance or position. Were he alive today, I believe Booker T. Washington would add another thought: Dignity must come from within. That Is not to discount the respect due every human being, of whatever age or condition or race. And most thoughtful per sons will show such respect by little courtesies, such as speak ing pleasantly, or holding a door for another. The man who re fuses such courtesy demeans only himself. But It seems to me many mem bers of the Negro race have been misled into thinking dignity can be conferred on them by govern ment and laws and courts. It cannot. For If a man is respected as an individual, it is because he deserves respect. And If he has dignity, it is because he respects himself ? yes, and re spects his family and his race. And surely the Negro, who has come so far In so short a time, has reason to respect his race. I am glad, and proud, that the high type Negro citizen we have here In Macon County, as a rule, seems wise enough t* recognize that. For that wisdom, I salute him. Today
The Franklin Press and the Highlands Maconian (Franklin, N.C.)
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Nov. 7, 1957, edition 1
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