Smyrna times. [volume] (Smyrna, Del.) 1854-1987, 1923-04-25
PROPOSAL TO HAVE COURT
MAKE DECISIONS BINDING
SENATOR BORAH WANTS VOTE
6-3 CONSTITUTIONAL QUESTIONS
This, it is Declared, Would Cause
Endless Trouble as Each Congress
Could Fix Its Own Majority


Could Fix Its Own Majority me
It is the fashion nowadays to call st;
every man or woman in the country er
a "reactionary" who is not prepared IN
to line up over night in behalf OF all II
sorts of wild schemes and question IN
able experiments, both economic and ne
political ~
We are and always have been in az
favor of progress but it must be b!
progress which is subordnated to NJ
reasonable good sense and prudence. OF
If economic it must be a progress m
! based on investigation, careful cal K
culatiOn and above all, upon accurate "
computation of the probable cost. II a
political it must be subordinated TO Il
the integrity of the Constitution OF the Il
United States and if possible be based s
upon the principle of the greatest s
good to the greatest number. I
We have a large and perhaps an t
increasing class of people known as
"Progressives" who, as a matter OF
fact, are Socialists Of more or less
pronounced type. Many Of them
are able to do much harm because
Of their official positions in the
councils of the nation or as mem
bers of the faculties of prominent
universities and colleges. All OF
these pull together in insidious efforts
to undermine and destroy the Con-
stitution of the United States with its
checks and balances under which we
have lived in peace and prosperity for
fbarn will no !
nothing to stop the march OF the ma
ton towards extreme socialism, com
munism and sovietism.
These observations are inspired by
the following letter which we take
from the Washington Post of March
4th. 1t discusses a recent utterance
of Senator BOrah, of Idaho, who
ought to know better, and its clear
and convincing logic absolutely dem
onstrates the folly, or worse than folly
of his proposal to amend the Constltu-
ton.
The letter:
To the Editor of the Post: Senator
Borah in recent speech proposes
that Congress pass a law to the effect
that in order to make binding any
decision of the Supreme Court de-
claring an act of Congress uncOnstitu-
tional the court must stand to 3 In
its favor.
Would such law itself be con-
stitutional? The court was created
by the Constitution giving it the same
independent control of its own rule:
and procedure as was granted to Con
gress, and it adopted and has follow
ed from the beginning the rule neces
sarily prevailing in all courts wher
there are as many as three judges
that a majority is to settle what tn
decision is to be, and any number NOR
than half of total is, of course, an
has always been recognized to be
majority.
In legislation, in elections as we
as in judicial proceedings, a majorit
of one has always been as final an
controlling as though it were thol
sand
Under any other rule there wOu
be no fnality and no end of col
troverses. Would the court itse
hold that Congress has any right
prescribe by what majority its d
cisions must be made?
If Congress has the right to S;
what the coutr's majority must be
matter of course it has the right
change it and different Congresses a
varying party control could chan
the majority requirement from til
to time, destroying all sense of fin;
ity in decisions. In any case whe
the court voted to A, Congress COZ
shift the majority rule and by SECT
ing a rehearng change the decisic
Were political issues involved su
action would not be unlikely.
Mr.. Borahs proposal is based
the ground that important, cont
versies ought not to be decided by
majority of one. Equally import;
questions come before COngress-eV
more important-and by a parity
reasoning of the existing rule is
be set aside a majority should be
quired in Congress in the same p
portion to its numbers as the prop
ed change would make in the Supre
Court Such a rule would cause e
less trouble, as each Congress co
fix a majority to suit its own polit
exigencies.
The same reasoning can be app
to elections. Massachusetts electe
governor by one vote, and many
portant elections have been very cl
An arbitrary changeable majority
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