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Supreme Court — Part 28
Page 22
22 / 83
rit Tre Asrprcan Mraci ny
Philadelphia for the purpose of
creating: a more perfect unten.
These delegates drew up a con-
tract between these 12 States where-
in they agreed wo hive together ia a
Federal Union with specifically
delegated pewwers. Like any good
fowver, they reduced this agree-
ment to writing so there would
he no chance of any future misun-
derstanding. Vhey called this con-
tract, “The Constitution of the
United STATES of America”,
After the contract’ was) signed
by the delegates, it was submitted
to the States for ratification. The
States said: “This is a fine con-
tract, but we cannot ratify Ht unless
additional safewuards are added to
protect us against this new Fed-
eral Government.” a
As an outcome, a gentlemen’
agreement was made for the States
to ratify the contract with the pro-
-viso that 12 amendments would be
submitted by the First Congress to
‘the States for ratification. Ten of
these amendments became that
which we now call “Vie Bill of
Rishts.”
-~ Article VI, Clause 2, of the Con-
-Stituition states:
This Constitution and che laws
of the United States which shall be
made in pursuance thereof: ...
shall be the supreme Inw of the
land; ...
aad the Tenth of the above men-
tioned Amendments states:
The powers not delegated to the
United States by the Constitution,
nor prohibited by it to the stutes,
are reserved ta the states respee-
tively, or to the peuple,
This adds up to just one thing
and that is that the Federal Govern-
ment has HO Pow other than that
specifically delegated to it by the
Constitution and any action of the
Federal Government which is not
in pursuance of the Constitution is,
of itself, null and void.
HE PRESIDENT and others refer to
Tine houseyregation decision as
being the law of the land. What
law?
Under our form of Government,
the courts have no legislative pow:
cr. In Osborn v, the Bank of the
United States, the Supreme Court,
presided over by the great John
Marshall, in 1824, clearly stated the
function of the Court when it said:
Judicial power, as contradistin-
guished from the power of laws, has
no existence. Courts are mere in-
struments of the law, and can will
nothing . . . Judicial power is nev-
er exercised for the purpose of piv-
ing effect to the will off the judse,;
always for the purpose of giving
effect to the wall of the Jeyisla-
ture; .
In Wayman e. Southard, in 1825,
John Marshall also said: “The feg-
islature makes ... and the judici-
ary construcs the laws.” And in
Hennington v. Geurgia, in 1896,
and in Newport and Cincinnati
ridge Company #, United States,
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