The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1923-06-29
ATTACKS PLAN
0FLAF0LLETTE
ON HIGHC0URT
Giving Power to Congress to
Decide Constitutionality
OF Laws Is Hit
ASKS BANKERS HELP
A. G. Divet Urges Them to
Study Problem, Stand Ready
To Defend Constitution

Directing his attack at "the most
insidious and dangerous attack on
constitutional government that has
even been attempted" and speaking
particularly against proposals to
break down the power of the su-
rremc court of the United States in
deciding constitutional questions, A.
G.. Divct of Fargo, attorney for the
North Dakota Bankers Association,
called upon the bankers in session
here today to inform themselves up
on constitutional questions and urg
cd them to be prepased to defend
the constitution.
"Thcre is in active progress, the
most insidious and dangerous at
tack on constitutional government
that has ever been attcmptcd-insidi
Gus because disguised and offered
under the pretensc of an improve
because not un-
dcrstood, and so deceptive in its dis
guise as to attract the favor of men
who reverence our constitution and
the government based upon it," de-
clarcd Mr.. Divet.
"This attack is in the form of a
proposal to amend; the purpose of
which proposal is that there shall
be embodied in the constitution it.
self provision that the courts shall
lou
constitutional This proposal takes
different forms rs to details. Some
Of the current forms are an absO-
lutte prohibition upon the courts; n
| requirement that it shall take un-
animous decision of the court; a
proposal that if Congress shall en-
act the same law second time af-
ter it has been declared unconstitu-
tional it shall nevertheless be a va
! I'D law and do into operation. The
ultimate end Of the proposals is the
same-that is, to make the legisla-
ture supreme and empower it to dc
as it will unrcstrained by any force
This means in it's last analysis that
a law shall operate whether it be
constitutional or not"
Step in Complete Plan
"But it is said the provision is
only to apply to the Supreme Court
of the United States, and all other
courts will be left untrammeled and
unshorn of power. That is true al
least of some of the concrete pro-
. hut I IN
audience is so simple minded as tt
suppose that the Supreme Court, the
highest court of the land-is to be
shorn of power and other courts
left permanently in possession ot
the power to do what it cannot. III
is simply a matter of an additional
step. Convince us rs a people that
the power to declare acts of Con
gress unconstitutional should bt
taken from the supreme court Of tht
United States and as matter OF
course we must and will apply the
same principle to all other courts.
Senator LaFollette, probably thu
greatest mal-content in high office
today, may be said to be the Off
cial Father of the proposal, having
adopted it from the agitators again
st the existence of constitutional
government. 1t is not difficult tt
guess then where our little trog
lodytes are to be found. The great
danger in the proposal is we'll man
ifested by the fact that good-in
| 90 Nf ivfn pf
can be found on almost any occa
sion who will say Il never thought
much Of that man LaFollette but
am with him on this proposition.
Why should five, or seven or nint
men in Supreme Court set them
selves up as knowing more thar
Congress, or the legislatures of thu
several statcs?"
"Such expressions show an uttel
lack of Understandings of what il
involved, and show that the worl
of the teachers above mentione,
has had it's effect.
"The question is not whethe
Congress in the one case, or stat
legislatures in the other, may know
more or less than the Suprem
Court, nor whether in given cas-
they might be able to and woul
pass a law that would be better, i
there was no constitution-the ques
ton is this, and ponder we'll wha
it means: Shall the legislature
state or national-be permitted t.
pass any law it sees fit just a
though there was no constitution
It is of course plain to all of yo
men and women that if good la,
that violates the constitution mus
stand, then a bad law which violate
!; it must also stand. So then, in it
last analysis the question is: Hav
} we such confidence in our legisla
lures, present and for all time t
. come, that we are willing to say t
: them-there shall be no limit upo
how far you may go in enactin
flaws, except your own wll?"
Points To England
Fl Answering argument that tn
Ecourts of England do not declar
acts of Parliament void Mr.. Dive
n