The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1922-08-15
ATTACK ON COURT
BEGUN BY LABOR
ASSUMING FORM
Federation Quotes Marshall
Argument Challenging
constitutionaIity.
POWERS ARE TOO VAST
Carolina Justice Points Out In
justices of Decisions by
Supreme Bench.
POWERS ARE TOO VAST
By O. O. LYON.
Times Stor Correspondent


WASHINGTON, Aug. 15.-The
movement for constitutional amend
ment that will clearly and definitely
deprive the United States Supreme
Court of its assumed power to declare
unconstitutional any acts of Con-
gress Is assuming very definite shape.
The American Federation Of Labor
is giving wide circulation to an argu-
ment on the subject by Chief Justice
Walter Clark OF the Supreme Court
of North Carolina.
He points out that the doctrine that
the court could nullify laws was laid
down for the first time in 1903 when
Chief Justice John Marshall, "a bitter
personal enemy of President Jeffer-
son." obtained by personal influence a
decision by the Supreme Court that
that court could set aside and hold in
valid any act of Congress which a ma
jority of that court should. at any
time, hold to be in conflict with the
Constitution OF the United States.
"It never has been alleged" Chief
Justice Clark insists. that there is a
line in the Constitution which confers
this power upon the court. II there
is, let it be pointed out and 1t will end
the controversy.
Indeed such action is in direct vio-
lation Of the language Of the Consti-
tuition of the United States which pro-
vides that when a bill has passed both
Houses Of Congress and has been ap-
proved by the President; or, If disap-
proved by him, has been again passed
by a two-thirds vote in each House;
1T shall become a law.
mo power more fatal to government
by the people could have been devised
gress. the judges are not elective nor
are they subject to review by the
sovereign power, the peoples, their
terms being limited. On the contrary
they are appointed to office and hold
for life. For them to take the veto
power is to assume arbitrary SUI
premacy in the control Of government.
Moreover, they have repeatedly
held an act invalid by majority II one
vote. This rests the Government rot
upon the intelligence Of both Houses
of Congress, with the approval Of the
President, but upon the infallibility OF
the odd man of the court
Power so vast, so irreviewable, so
arbitrary and so utterly at variance
with precedent and without authority
in the Constitution cannot fail sooner
or later 10 cause serious. IL not fatal,
embarrassment. It did so in the bred
Scott case and it took four years of
war and three constitutional amend
ments to cure IL
1T did so when the court reversed,
by a change Of one vote. the decision
by which, following the presidents Of
a hundred years, it had upheld the in
come tax. It took the people Of this
country nearly twenty years to cure
that by the adoption of the sixteenth
amendment during which time, in de-
fiance of the act OF Congress, the
masses paid billions OF dollars in taxes
which Congress had ordered paid out
OF the incomes Of the rich.
THE government OF this country
should be confined to its people. to be
exercised through their duly elected
representatives, who are the sole
judges Of their fidelity to their trust
subject to review by the people them
selves"