Evening star., 1923-02-26

Ihere are over seventy proposed
amendments to the United States Con-
stitution pending before Congress.
Possibly two Will be submitted to the
people within the next year for rati-
fication; the others will lie as mere
expressions Of unrest OF certain radi-
cal or reform" elements.
The most dangerous proposition Is
probably that which would set the
powers Of Congress above those of the
Supreme Court, to construe the con-
stitutionality Of any law. It is pro-
posed that, in case a law be decreed
by the Supreme Court to be In conflict
with the Constitution, Congress may
review the decision of the Supreme
Court, and II three -fourths Of the vot-
Ing members vote to sustain the law.
in spite Of its unconstitutionality, II
will be the law beyond the power Of
the court to set it aside.
This was the doctrine OF the pro-
gressives in 1912, and was advocated
by the leader of that party. Never
tf1eless ii is clear. under rdpened con-
sideration, that II would operate to
annul the safeguards Of constitutional
government against the radicalism
that might at any time sweep the
country off its feet.
= + x X
Let the people ruler' is a slogan
for the stump, but not a principle for
the Legislature nor the court. The
people are Influenced too often by ILL
considered frenzies OF change, and are
carried away by oratory and beguile-
ment Of class against class, or the
insidious bribery of hoping for i'm
practicable rewards of experimental
measures.
So great a democrat as Abraham
Lincoln confessed that You can fool
some Of the people all the time. and
all of the people some OF the time"
not safe to give unlimited power to
the probable victims Of delusions or
demagogues: they should be held In
the wholesome restraint Of the Con-
stitution, that justice to the minori-
ties may not be subverted, and the
lessons of history be ignored through
the plausible deceptions of sophistry
Rans. sRa Sy aeton ms
is given for sober reflection and sane
guidance OF learning and 1.-The wisdom
Of the elders" That is the mission
and function Of our written Constitu-
tion. according to the conservative
view.
Under the proposition that Congress
should have power, by three-fourths
vote, to override the provisions Of
the Constitution, the Congress could
wholly revolutionize the government.
under the leadership of a dangerous
radical or dictator. Il could usurp or
abolish the executive and judicial
branches Of government, and select a
directorate of its own membership
Oike the directorate OF France, a
century ago). and by another STEP
substitute a dictator. like Lenin. It
could abolish freedom OF speech and
religion. cancel debts, repudiate gov
ernment bonds and enslave the mi
nority.- If this statement seems far
fetched, let the reader go back in
memory, or American and European
history. for the many instances in
which one or more of exactly such
attempts have been proposed. and too
often have been strongly upheld
only to end In disaster.
The right Of recall Of judicial de-
cisions." as 1t was characterized, is,
therefore, an entering wedge. en-
dangering the most fundamental
principles OF the Constitution and our
republican form Of government, &C
cording to the position Of the con-
servative statesmen in and out of
Congress.
Many OF the men who adhere to the
above statement are quite ready to
admit that the Constitution Is not a
decalogue, writ upon tables of stone