The Birmingham age-herald., 1923-04-15
HANDS OFF SUPREME COURT!

The so-called progressives among the Republicans are now preparing bills designed to limit the authority of the supreme court Of the United States and to give congress final de- cision in questions of wide public i'm portance. Because the supreme court mas declared unconstitutional -eltain measures which in themselves were of nneritorious purpose, there has been let loose upon that august body cam paign of criticism and hostility never previously duplicated. Much is made of the fact that some of these ad- verse decisions have been compassed by bare majority of one, or at most two. Too little has been said, how ever, in defense of the courts long record of unimpeachable service and it's uniform, protection of thls nation. against laws based on political chican- cry or the momentary impulse which occasionally grips nation, colors all its vision, and then passes away to be followed by clearer vision and sober second thought. Indeed, the actual charges brought against the cour. are
 
 ence. It has acted as the nation balance wheel and restored the equ.li brium of our political thought when otherwise we might have gone off at costly and irremediable tangent.
 To be sure, there are times when all would have wished that the court mad acted with greater unanimlty. But that nine minds should be uni. lormly in agreement could hardly be expected. Indeed, if the constitution offered no grounds for difference oi opinion, there would hardly be needed tribunal to interpret it's intent. It appears that the better remedy would be for the senate to exercise more discrimination in the confirmation oi appointments tc the supreme bench, and when choice is too evidently based on the desire to repay a political or personal obligation instead of on per sonal and professional fitness, the sen- ate should reject the appointment. That the senate has not consistently fol- lowed such course in the past only proves now urditteC the seAata IS to pass on questions of cons;ll'.ticna.ty It is a tribute to the patriotism of the majority of our presidents that their supreme court appointments as a rule have been based on merit
 The measures prepared to amend the powers of the sufrcpie court in clude a provision that bare majority snail not be sufficient to render an adverse decision on iaw enacted by congress. Herein lies a danger, for the justices might not be able con scientiously to divide as provided, and therefore law would remain on the books through default of opinion, as it were. That would be unfortu- nate. Another provision is that con- gross, by two-thirds majority, may override supreme court decision. This is immediately to throw the de- clsion back into poitlcs and the whim of the moment, the very thing the al most miraculous wisdom of OFT itre- fathers sought to prevent. Assurediy, if the supreme court of the United States cannot ne trusted U ae,Idc a titally import it qTest a imrart.all,, sagaclously ana core. 'tiy tnen .fo,- ence of the question uacN to congress caves us Tn most desperate pllsh it
 IL mucn-desired and sa,utary ia tional purpose is not served, be- cause of the unconstitutionality ol the law formulated to atta.n .i.i.t purpose. then the recourse is so to amend the law as to conform with constitutional requirements, or, and his only in mat ters of vital and p1e-eminent nati. nal importance, the constitution may be so modified as to permit the achieve ment of the purpose. By all means jet there be no tampering with the supreme court su a5 to bring 1t within tie influence oI such politics as fo; the past two or three years have sel. llahly and deliberately stood in the way of every important direction of national progress. Besides, who would nl tee arbitcl iG case the supreme curt should find the propoaed amend- ments to its authority unconstitu tional?
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