Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-07-05
A.Correctiue for attacks on
the american Constitution

the legislatures OF the several States
and II enough of those States ratify 1t
the amendment becomes part OF the
Constitution. Here 10 another restric.
tlon upon the legislative supremacy OF
Congress which Senator La Toilette
overlooks.
The trouble with most Of the critics
Of our constitutional system who wish
to graft on to It some Of the customs
OF other countries IL that they do not
understand what that system Ia. They
have been talking in Washington lately
OF passing a law to permit members Of
the Cabinet to sit in Congress as II
they could in this way bring about an
adoption Of the British system Of par.
liamentary government through a re.
sponsible ministry. They do not seem
to have taken the trouble to learn that
the British Prime Minister and the
members Of his Cabinet are members
Of Parliament, that the legislative and
executive functions are not, separated
and that Prime Minister and his Cab.
met hold office at the pleasure Of the
parliamentary majority.
The students Of our Constitution,
after reading Mr. Norton's admir-
able polume. could turn their atten-
fion rifh profit to o study of the
nep German Constitution.
THHIS has been made available in it's
L text with an admirable commentary
by Rene Brunei, professor Of consti.
tutional law in the University Of Caen,
translation Of which has been pub.
lished by Alfred A. Knopf under the
title Of "The New German Constitu.
tion." Charles A. Beard. formerly pro-
fessor Of politics in Columbia Univer.
sity, and now director Of the New York
Training School for Public Service, has
written an introduction in the course
OF which he expresses qualification Mt
the discovery that the trainers Of the
American Constitution "were made Of
mortal clay" and at the waning Of
constitutional worship" He re.
marks, too, that ''it will not escape
the close observer that the Germans
have not created a Supreme Court on
the model of our own endowed with
power to set aside acts Of the executive
and legislative branches Of the Gov
ernment."
The Germans have not set up such
Supreme Court because they have
provided that their constitution may
be amended by legislative act. That Is,
instead Of creating a legislature with
limited powers they have created one
with powers almost unlimited. The
constitution itself was drafted and
adopted BY a legislature and was pro.
mulgated BY It and the same legis ature
that adopted 1t passed a lot of laws for
carrying out its provisions. The Ger
man theory is that the elected repre-
sentltives Of the people can do what
they choose with the constitution. As
the rev German state is strongly cen.
trnlized with power conferred on the
national legislature to pass laws which
shall supersede virtually all laws
passed by the states, 1t viii be seen
that there was no occasion for a court
to decide whether supreme legislative
body had usurped powers not con-
ferred on 1t.
Prof. Brunet's book is an excellent
and impartial study of what the Ger
mans did In organizing their new form
OF government. It has that clarity and
precision which are characteristic of
French scholarship, and there is no
hint in 1t Of any feeling of hostility to
the Germans. He set out to elucidate
the German scheme of government for
the benefit Of students, and he has
succeeded.
GEORGE w. DOUGLAS.