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{ Govenllnent, beC'fil1se against Ilis veto flud without his approval we mn;y ennct laws thllt become biuding npon him, IlS upon all Ute other people of this country. So he is not a llfll't. 'rile ju(ltchll'Y d<'ll:lI"tlllent of this GOVCl'llllHmt is unique. I kJl~I'''''' of no go\'el'lllllcllt in t he world thnt lws snch a system aR we Im\"('. I do lIot believe there ever existed in the histol'Y of tlle world fi goverlllnellt where the leg-islntive depnrtmellt of t.he government sllbllliUed Its nction to the criticism and considcl'll- .ttOll of Illlotbel' body. B11t the fathers of the Repllblil', tJle men who c('ellted Oul' Constitution, knew tbat the thirteen Slnle!)-llOW forty-six-would bllVC diffe1'ent ,'iews as to what their POWCl'fi were, would bu\'(~ different \"le\\'8 liS to what the 110\\'01'5 of the (~enf'ral GOVf'l'Illlwnt were, and that {"bel'{~ must be in lhe nature of things SOUle urbitrator to whom tucse,e{)lltl'o- vcrsles should be f;ent; and finally the~' were sent to the judi. eial'Y of t1l(' Ullitcd SUItes. \Ve may diffe,' with the judiciary. 'Vc lllHY fl'e<)uently believe, when t.he judIciary of the United Stllles rlechll'es tlwt we hu\'e ex('(>e(Jed 0111' couMitlltionul power in the eUllctmeuL of n lnw, that it is fin E'rrOl\C'Ol1f.l decisioiJ, but it becomes bInding 11IJOn liS frolU tlle time the judgment is en- tered. .... Ml', CLAPP.. Mr. Pl'~sident- 'rile VICE-PRESlDl!lN'l', Does tile Senator from Colorado yiclcl to the HClll1tor from Minnesota? 1\1 1'. CLAPP, Ducs the SelllltOl' care to be intel'l'llTlted by allY qnes! ion n~ Ill? proceed.!'!, 01' would he prefer not'! 1\11'. 'l'ELL!lJn. 'l'llis Is a matter nbollt whicll I ~JH1uld be gJnd j.o be llll"f'l'rnllted, In order to recetve nlly suggestion that may !.lelp In file detel'mtnntiOIl of the f]ne8tioll. Mr. CLAPP, Docs tile Senntor uuderstnnrl tll:lt in tbe in- cention it WllS ever tile intentIon of the founders of tbe GOY- C'l'lllllent that the Judiciary silould exercise thts 8l1tborit,y over the legislative department of the Government? It is llot my undel'stnndl11g. It is. something that bas grown up since, .MI', 'l'ELLEn. I mlmit tilat has been fl controverted ques- tiOll, I admit thcre has been a good deul of controversy on that pOint by enl'ly writers, and that there is SOlUe reo.S011 for supposing that the fathers .of the Republic did not expect it to go to t1w cxtent It 11m; gone. Bnt it seems to me to he 11 legiti- mate conclusion fl'om the provisions of the COllHtitutiun itfielf- Mr. CLAPP. I think Clllef Justice l\1arsunll, who perhaps did morC' to estnblisl1 this condition tilall any otilcr olle mun ill tile history of tilis cOllntr~', declared only n~bollt 11 year before he tool{ his Bellt us Cbief Justice, that the court tJid not have the uuthority. to oven'1de nn act of the legislature npon the groHnd tbat the act transcended the constitutional authority of. the body, I quite agree with the result, '1'lIe finnl estnb. Jif;llment of the trJbunnl was a natural outgrowth, 1\Ir. li'UJ.TON. I call tile attention of tIle Senator from Min. lle~otil to the fact that of th€' VIrginia 'COllYention for the pur- jlOSC or rntifylng the Constitution .MarslIull was n member; nnd :011 tile floor, 1n deuate, distinctly stated that the Supreme Comt did, uuder the Constitution, have the power to declare t11at a law wns In contravention of the Constitntion. 'I'he argu- ~-mcnt: was pUl. forward thnt~ under the Constitution, the Federal Govel'llment would encroach 011 the rigllts and. powers of the 44400--7810 .