Newark leader. ([Newark, Ohio]) 1917-1946, 1923-06-08


States is today more under scrutiny
and discussion on the part of all the
people, perhaps, than ever before.
And why shouldn't all the people be
profoundly interested?
This greatest judicial tribunal in
the world is vital to the very exist
ence and the hapniness of 10000, 900
Americans. No nine human beings
in the world have such powers as the
learned and honored men who sit on
the Supreme bench, in their court
chambers in the United States Capitol
Building midway between the cham
bers of the United States Senate and
the House of Representatives
The Congress may enact laws and
the Executive, or President, complete
the legislation by signing the bills.
but Supreme Court decision can an
nul both Congressional action and
Presidential approval.
The Supreme Court, of course, will
not lift it's hand, of itself, to set aside
or nullify any Act of Congress, until
importuned to do so by some one in
terested. Sometimes the motives may
be prompted by high purposes, but
often they are selfish. Certain
groups, particularly the big corpora
tions, have well-paid permanent lob
byists in Washington watching every
move of the President, of Congress
and the Supreme Court. These rep
resentatives of the powerful corpora
tions are often men the people have
honored with high positions, such as
seats in the Senate or House Of Rep
resentatives.
If while in Congress member has
adopted the fright brand of politics., .
from the standpoint of predatory in
terests, he is almost certain to be
offered a position, as legislative and
court representative, at a salary or
fee that will be very tempting.
AS layman this question of the
Supreme Court impresses me as one
of the most serious problems now
facing the American people. | refer
to what is generally spoken of as the
usurpation of power by the Supreme
Court of the United States.
We cannot help but take notice of
the fact that there is growing un-
rest among the people, and an IN
creasing fear that the Supreme Court
is assuming functions and powers that
are alarming and not contemplated IN
the provisions of the Constitution.
We are now fast drifting to that
point of public discomfort aroused by
assumed abuses of usurped power,
as the masses maintain, and an over
whelming demand with an aroused
public sentiment will, | fear, swing
| the pendulum too far in the other dl-
| rection.
| 1t is becoming a rather common
thing now to hear the intimation that
the Supreme Court is being filled with
corporation lawyers and the repre-
sentatives of big BUSINESS Even a
standpat and reactionary Senate has
at times viewed, with some hesltancy
certain of the Presidential appoint
ments to the greatest court in the
world. The question has been re-
peatedly raised as to how Congress
can respond to the will of the people
by placing an act upon our statute
books so that it may stand as the law
of the land, unrepealable by the Su-
preme Court. believe we have the
! bower to curb the undesirable ten
| dencies of the court right IN oul
grasp. 1t will take a little courage
and determination to enforce the
rights of the people, but if the Su-
preme Court has made any usurpa-
tions we can settle that matter def
nitely in time no longer than II
takes to get a bill through botf
branches of Congress, and signed by
the President. 1t has been done be
fore and the Supreme Court has rec
ognized the right of Congress to do it
In support of my belief that the
exercise of this power to declare az
Act of Congress to be unconstitu
tional is an unwarranted usurpation
it might be we'll to direct some atten'
ton to the origin of our political sys
tenn. Prior to the adoption OF the
Federal Constitution, it is eviden
that the power Of the states was su,
preme, sovereign and unlimited. Bu1
Sin order to form a more perfect