Newark leader. ([Newark, Ohio]) 1917-1946, 1922-07-07
THE COURTS
AN AUTOCRACY WITHIN A RE-
PUBLIC
Five Men Can Dictate the Peoples
Welfare-LabOr Gives Wide Pub
licity to the Usurped Power
of the Judges

Agitation the past month under the
auspices of organized labor has given
wide publicity to the usurped power
of courts.
This question has been discussed
before, but never has it been present
ed to so many citizens in such con-
crete and effective form.
More people now know that court
usurpation started in 1903 when John
Marshall, chief justice of the United
States supreme court, announced in
the Marbury case that cit is en-
phatically the province and duty of
the judicial department to say what
the law is"
By itself the Marbury case amount
ed to nothing. 1t involved the ap-
pointment to a minor office and re-
called differences between John
Adams, retiring president, who be-
lieved in a centralized government,
and Thomas Jefferson, incoming pres
ident, who believed in the people.
What made the Marbury case
famous was Chief Justice Marshall's
statement that the court has the power
to review acts of congress.
lIlddC CillS dCClolOh uCOPltC
the fact that on four separate occa-
sions the constitutional convention,
in adopting the present federal con-
stitution, refused to give this power
to the supreme court. The last at
tempt to give this power to the court
provided that when congress passed
an act the president and the supreme
court would consider the proposed law
and make recommendations to- con-
gress.
The majority of the convention de-
legates were so fearful of court
usurpation that thev refused to even
permit the court to make recon-
mendations They said the court has
no business making laws.
Marshalls audacity created an in
stitution that has proven superior to
the other two branches of governm mt.
The president can veto acts of con-
gress and congress can override the
veto by a two-thirds vote, but the
supreme court is answerable to no
one. These nine men are appointed
for life. 1t is an autocracy within a
republican form of government and
by it's system of majority decisions it
is possible for five judges to dictate
the peoples welfare and subordinate
congress and the chief executive.
John Marshall is dead, but his brain
and his purpose go marching on. The
few lines that he injected into the
Marbury decision, 119 years ago, has
evolved a judicial despot that has
overthrown the legislative and cxecu-
tive branches of government. These
must bow to the whims and moods of
nine irresponsible men whose only
authority is a daring man who repu-
dated earlier views when he became
chief justice.
Trade unionists and patriotic cit
liens generally can study the history
of the supreme court with profit to
themselves and to their country. This
study will unfold an amazing tale of
how audacious men drug the peoples
will, filch their rights and block their
purpose.
Court usurpation will henceforth
be one of the great public questions
in this country.
Organized labor is committed to
constitutional changes that will re-
store to the people the governmental
system our forefathers intended.
Let every wageworker be intellect
ually equipped for the coming battle
Court usurpation cannot withstand
the resistless tide of an intelligent
public opinion.
Let the workers arm themselves
with facts and drag this judicial des-
potism into the glare of white heat
nublicitv.