The Elk Mountain pilot., 1922-08-24
would amend the Constitution so as to provide:

public policy variance with the
statutory declaration of Congreswhich alone under
system authorized determine the public policies
government-the Congress may by re-enacting the law
nullify the action of the court.
Thereafter the law would remain in full force and
effect precisely the same though the court had
held it to be unconstitutional.
Had such been the provision of the Constitution the
action of Congress in enactng the child labor law the
ond time would have been effective, would have
had efficient child labor law today Had such been the
Constitution would have been necessary 20
get income law after the Supreme Court
had its former decision upholdng the law
such the Constitution the Congress could by
speedily the ndefenble policy asserted by the
Supreme Court in the Coronado with respect labor
unions farmers associations and other voluntary organ
izatons
While, of course, it great burden the people
require them virtually pass remedial legislation
twice. nevertheless where the subject important enough
and the interest keen enough it will not be difficult
thing to do.
Congress the Final Voice of the People
The Constitution to the President of the United
States veto legislation in order that the executive
might be able protect itself against encroachments
But it also the Congress the power to
will by repassing the law after it had been vetoed
ms was order 10 prevent tne from
using his veto to block all progress and make himself
despot.
The Constitution did give the veto, but,
have shown repeatedly refused to permit them
to participate in the exercise of the presidential veto
Nevertheless the courts have asserted
while laws in the making, but have usurped
the far greater veto of nufyng laws after they
have been enacted and by the of socaled inter-
pretation to declare the public policy They thus them
selves what shall be the law of the land
What propose is that Congress shall be enabled to
override this usued judicial veto and to declare finally
the public policy just has the power override the
presidential Veto that realize in fact the fun
damenta of the Constitution declared in Ar
tice l. Section l. that "A legislative powers herein
granted shall consist of Senate and House of Represen
tatives."
Certainly one can complain that the plan pro-
posed is revolutionary radical 1t fairly be
criticized being conservative but it at least would
give the people effective method of expressing and
forcing their will if the sentiment and is strong
enough and would at sweeping stroke relieve the
present intoerable condition.
Supreme Court Like House of Lords
very good illustration of what propose is found
in the recent history of the House of Lords of Great Br
That body you know constitutionally has dual
character 1t is both making body and
Supreme Court by usupng legislative has become
somewhat like the British House of Lords You will re-
call that several the House of Lords refused
the budget adopted by the House of Commons
taxing landed estates for the promotion of great pro-
of social legislation This provoked the pop
ular branch of the British Parliament that the gen.
era election fought out the issue that hereafter
the House of Lords withheld approval of any
OF the House of Commons the latter could by repassng
the bill nullify the veto action of the lords The British
people overwhelmingly supported the House Commons
Even after this election the lords still inclined
to rebel against giving their veto power but through
the influence of the Prime Minister the King induced
to threaten to pack the House of Lords with enough
members to bring about the of the law The
suit that the Lords yielded and the British Govern
ment became to that extent representative.
Can not do much in this country the British
did Can not reduce Federal judiciary
stutona powers? not can at least arrest its fur
her growth We prevent its further encroachment
upon the making branch of the plan
propose will do this and believe will be accented by
the people in all parts of the country without regard to-
party the quickest of restoring govern
ment to the people.
Shall the People Rule?
We confronted with situation wherein we must
make choice that will determine the destiny ma
ton in all the generations to This choice simple
but fatefu Shall the people rule through their
representatives shall they be ruled judicial oil
garchy? Shall forward in development as a
nation carrying the will of the people as expressed
by their ballots shall all be checked by
arbitrary dictates of five judges until the
comes desperate that it longer be endured?
have doubt what the choice of the American peo-
nle will be when this issue is submitted for their
cision. The American nation founded upon the
mortal principle that the will of the people shall be
law of the land The courts have forgotten this
people have not When they have opportunity they
overwhelmingly declare that they will longer tolerate
condition under which the wheels progress may be
blocked by the arbitrary dictates of majority of
judges but that shall he opened whereby the
may forward in peace, in order in harmony
achieve the great ideals of freedom prosperity happ
enshrined in the Declaration of ndepe and
the preamble of the Constitution of the United States
I shall in the early future introduce proposed
amendment to the Constitution carrying embody-
ing the suggestions made in this address The
raised by the present situation will be permitted
lapse. The American people will have opportunity,
as early be in the of such
portance to express their views upon the of
amendment to the Constitution the situation