Contemporary American History, 1877-1913Beard, Charles A. (Charles Austin)
History
Contemporary American History, 1877-1913
Beard, Charles A. (Charles Austin)
United States -- History -- 1865-1921
On April 9, the day following the decision of the Court, the New York
_Sun_ declared: "Twice in great national crises the Supreme Court of the
United States has failed to meet the expectations of the people or to
justify its existence as the ultimate tribunal of right and law. In both
instances the potent consideration has been neither right nor law, but
the supposed demands of political expediency.... Yesterday the failure
of the Supreme Court to decide the main question of constitutionality
submitted to it was brought about by political considerations. It was
not Democracy against Republicanism as before, but Populism and
Clevelandism against Democracy, and the vote was four to four." The
_Tribune_, on April 10, declared that "the Court reached a finding which
is as near an abdication of its power to interpret the Constitution and
a confession of its unfitness for that duty as anything well can be."
In view of the unsatisfactory condition created by its decision, the
Court consented to a rehearing, and, on May 20, 1895, added its opinion
that the tax on incomes from personal property was also a direct tax,
thus bringing the whole law to the ground by a vote of five to four.
Justice Jackson, who was ill when the first decision was made, had in
the meantime returned to the bench, and he was strongly in favor of
declaring the law constitutional. Had the Court stood as before, the
personal property income tax would have been upheld, but one Justice,
who had sustained this particular provision in the first case, was
induced to change his views and vote against it on the final count. Thus
by a narrow vote of five to four, brought about by a Justice who
changed his mind within the period of a few days, all of the essential
parts of the income tax law were declared null and void.
The temper of the country over the affair was well manifested in the
press comments on the last decision. The New York _Sun_, which had
roundly denounced the Court in the first instance, now joined in a
chorus of praise: "In a hundred years the Supreme Court of the United
States has not rendered a decision more important in its immediate
effect or reaching further in its consequences than that which the _Sun_
records this morning. There is life left in the institutions which the
founders of this republic devised and constructed. There is a safe
future for the national system under which we were all born and have
lived and prospered according to individual capacity. The wave of
socialistic revolution has gone far, but it breaks at the foot of the
ultimate bulwark set up for protection of our liberties. Five to four,
the court stands like a rock."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account