The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-09-05
rARKER ON THE SUPREME COURT
Rema rkable Expressions That Should In
terest the Constitution Club.

belonging to the Parker Constitution club
| have noticed. In their perusol OF the cand-
| dates speech Of acceptance, his attack on the
Supreme Court OF the United States9 You
remember he said:
| The people have by the Constitution separated
| and stnbuted among the three departments OF
| Govcrnmcnt--the executive. legislative and judi
clhi-ecrtsiR powers; and II Is the duty OF those
| administering each department 30 10 act AZ 20 pre-
| serve rather than destroy the potency OF the co.
| ordinate branches OF tho Government. and thus
| secure the exercise OF all the powers conferred
| by the people. II must be confessed that
| In the course of our history Executives have EN-
ployed powers not belonging TO them: statutes have
| been passed that were expressly forbidden by the
| Constitution. and statutes hare been set ASIDE az un
| constitutional phen 1as dir,cmR 10 poin' oW me
prevtsons said 10 BE- offended donnS' IN thfr enact
mrn,: all this has been done with good purpose,
| no doubt. hut In disregard. nevertheless. OF the
| fact that ours Is government Of laws not OF men,
! deriving It's Just powers from the consent OF the
! governed"
! Here Is an intentional charge against the
! Presidents. Legislatures and the Supreme
| Court. Candidates may sometimes be e1-
| cused for indiscrimnate assaults upon the
/ good faith OF their adversaries but what must
| the sticklers for the observance Of the Consti-
tuition who mako up the membership of the
| club think OF Il candidate for the great office
| Of President who thus attempts to under
| mine public confidence In the decisions OF
our highest court?
One would be glad to believe the remark
| i'll considered. or absolutely thoughtless: but
when 1t Ia recalled that MIR. Parker has
| been for years the presiding Judge OF the
court OF greatest dignity In this State, and
that the words occurred in a deliberately
| prepared speech accepting the nomination
| for the highest Office in the land. not only
must such belief be impossible. but the words
| themselves must awaken apprehension.
There can DO no more serious attack upon
| our Government than one directed against
| our courts. Citizens have the right to have
their litisstions disposed Of by courts in
which hev hare confidence. Once let 1t be
| generally believed, therefore. that our judi
! ciary lacks integrity or even wisdom. and
| the end Of government by law is at hand:
| men will settle their own auarrels with the
pistol or the bludgeon. political chaos will
come. This is no new note: 1t has been sounded
by statesmen and Judges Of deepest thought
and most revered memories throughout his-
| tory. The conviction IL almost compelled
| that no thoughtful lover Of his country would
ever be guilty OF attempting to create that
belief.
| 1t may be, however. that such was not Mr..
Parker's intention. He may be impressed
with the view OF the Supreme Court taken
by the Democratic national convention Of
| twice, although repudiating the money plank
Of his psrty's platform. Being man who
puts country before party, he must have been
In accord with some part Of that platform or
no would have rejected the candidate and
hS speech would lead one to believe he in
dorsed his party's assault on the Supreme
Court. Mr.. Hill. however. denounced it rs
revolutionary. SO. thank Godl did the people.
Do the members OF the Constitution Club in
dorse it?
But again perhaps Mr.. Parkers deep
studies Of Jeffersonian principles may have
impressed him, and like Jefferson he may
look upon the courts exercise Of the power
to declare q law unconstitutional as a usnr-
patton. In letter to Judge Roane. dated
Sept. ., 1919. Mr.. Jefferson said:
In denying the right they the Supreme Court
nsarp In exclusively explaining the Constitution 20
further than YOU do. II understand rightly your
quotation from the Fedsvaifa OF an opinion that
Tho judiciary Is the last resort In relation to the
Other departments OF the Government. but not In
relation to the rights OF the parties to the com
pact under which the judiciary Is derived" II this
opinion be sound. then indeed. Is our Constitution
Q complete It'o de se. For. Intending TO establish
three departments. coordinate and independent
that they might check and balance each other.
II has given according TO this opinion. to one Of
them alone the hight to prescribe rules for the gov
eTnment OF the others and 10 that one TOO, which Ia
unelected by and Independent Of the nation.
The Constitution. on this hypothesis. Is mere
thing OF vai In the hands o. the judiciary. which
they may twist and shape Into any form they please
. Ny construction OF the Constitution Is
very different from that YOU quote. II Ia that each
department Is truly Independent Of the others.
EQUAL right 10 decide for h,eif what the
meaning OF the Constitution in the cases submitted
70 rs action.
have underscored the word "usurp" TO
show that Mr.. Parker probably has read this
~ l,x- tee orla Nat
the court really did usurp the power OF ex-
planning the Constitution. For Judge Parker
said also in his speech Of acceptance:
We must ever be on our euard against the danger
OF usurpsuon OF that authority which resides In the
whole people. whether the usurpation be by ofcais
representing one Of the three great departments
OF Government. or by q body OF men acting without
commission from the people.
Let me digress for the moment to ask what
is meant by "usurpation Of that authority
which resides in the whole people" The
people, by the very Constitution about which
Mr.. Parker prates 80 glibly. have delegated
all their authority to the various branches
of Government. except, indeed. the right
or authority to revolt. Does this language
mean that citizens are justified in armed
resistance to courts DEGREES whenever a con-
slider able portion Of them believe their rights
or desires are trampled on9 Or is II a mere
meanin gless but high sounding tumble OF
words?
What do the members of the club think it
means?
To return to the possible source Of Judge
parksr's inspiration. Mr., jefferson, in a
letter to Mr.. W. II. Torrance. dated June II.
1918. said:
The second question. whether the Judges are
invested with the exclusive authority to decide on
the constltnuonality Of law. has been heretofore
subject OF consideration with me In the exercise
OF oiicial duties Certainly there Is not word In
the Constitution which has given that power TO
them more than to the executive or legislative
branches. Questions OF property. OF character and
of crime being ascnbed TO the Judges through
definite course Of legal proceeding. laws Involving
such questions belong. OF course, to them; and as
they decide on them ultimately and without appeal
they OF course, decide for Themselves, The constl-
tutional validity Of the Lave laws prescribing
executive action, and 10 be administered by that
branch ultimately. and without appeal. the Execu-
tive must decide for fhemsorss: also. whether
under the Constitution. they are valid or not. So
also a, 10 laws governing the proceedings OF the
Legissture. that body must Judge for ITSELF the
oonstitutionaity Of the law. and equally without
appeal or control from It's coordinate branches.
And In general. the branch which Il TO oct ultl.
mately, and without appeal, on any law Ia the
rrhtful exposition of the validity OF tho law un-
controlled by the opinions of the other coordinate