The Democratic advocate., 1908-07-31
BRYAN AND THE CONSTITUTION.
Opposed to Amendments Except in
the Manners Provided.

One definite proposition in favor of
Mr.. Bryan is that he Is opposed to
amendments to the Constitution by
Legislation, construction and admins
tration. In all human probability the
successor of President Roosevelt will
select during his term a new Chief
Justice and perhaps one or two other
Justices of the Supreme Court. If
Mr.. Bryan makes the selection the
character of the Supreme Court as
guardian of the Constitution will be
preserved. If the reconstruction of
the court is intrusted to Mr.. Taft with
his well-knOWn concurrence in Mr..
RooSeyelt's ideas as to the fieXibility
itself to exclusive policy, these theories
of construction would be made to dom
mate the court and complete revo-
luton result. and then the Constitu-
tion would be made subject to revis-
ion by it's enemies.
However inconsistent some of his
minor propositions may be, Bryan ad-
heres firmly to the theory of a SUI
preme Constitution, and appointments
by him to the Supreme Bench would
be influenced by Democratic judgment
as to fitness, and controlled by this
theory.
The issue presented is definite and
vital. The Constitution, being once
deprived of the protection it receives
from the Supreme Court, would soon
be constructed out of all practical ex-
istence, and restoration would be
forever impossible. The last re-
straint upon executive power would
be removed, the judiciary being dom
mated by the President as completely
as the two houses of Congress now
are. This is more than theoretical
danger; it is a certainty if Mr.. Taft
is elected, there being nothing left to
inference as to his attitude toward
constitutional restraints. No pass
ing error of policy, no bad legislation,
subject as it would be to repeal, is
worthy of a moments consideration
in comparison with the permanent
consequences of a court revision of
the Constitution.
1t is the intent of the Republicans if
one of their party is elected to preside
over the Senate to reduce that branch
of Congress to the same degree OF
subsection to which the House has
been reduced. One of the qualif1ca-
tions of Mr.. Sherman for the Vice
Presidency which was considered by
the party leaders was his skill as
parliamentarian and his firmness of
purpose and courage to Smash Sena-
torial precedents. II he is elected
it is proposed that he shall play the
part "Tom" Reed played in the House
of Representatives. One of the most
desperate struggles in the history of
Congress is threatened, with conse-
quences, if successful, second only to
those of an adverse reconstruction of
the Supreme Court.
This situation renders the Vice
Presidency, at this time, question
of almost as vital consequence as the
Presidency Instead of the change OF
Senatorial practice being a reform,
rendering that body more responsive
to public sentiment, it will on the
contrary, make it easier for any ad-
ministration to enter into and carry
out deals, exchanging favors for party
or personal advantages. There is
enough at stake in this one issue to
make conservative voters hesitate to
give their support to the Republican
ticket, however much they may object
to some of Mr.. Bryan's theories, which
at worst could be applied for only
brief period and could not make
lasting impression upon our form of
Government