Evening star., 1923-02-11
DEPLORE PRESENT MOVES
TO UNDERMINE JUDICIARY
Conservative Members Of Congress Wor-
ried by Propaganda to Break Down
Constitutional Safeguards.

any other government in the world.
And yet 1t is easily explained:
First, we must understand that the
judicial power of the government is
created by the joint act of the ex-
ecutfve and legislative branches-the
President making the appointment
with the consent and approval of the
Senate-and then upon it's creation it
becomes check upon both of the
branches which created it.
Second, while supreme judges are
appointed for life, the legislative
branch may remove them by impeach-
ment
Third. the executive may be pun
ished for an unwise selection of
judges by subsequent defeat admin
istered by the electorate.
Fourth. during the nearly a cen
tury and a half of our national his
| tory no scandal and but little criti-
cism have been ho1estly directed
against either the integrity or the
ability of the members of the Su-
preme Court. Until now there has
been no political movement to destroy
that power.
Balance of Power at Stake
Now. If this judicial power was re-
| moved what would happen?
| It would remove the balance of
power between the executive and the
| Legislative. It would destroy the
| judicial check upon both. 1t would
either increase the power OF the ex-
I
archy or increase tho power of the
| legislative and destroy the force of
| the executive.
+, 1t would take from the American
plan of government its marked diff
ference from that of any other ma
ton which preceded its formation.
| 1t would destroy all those interpre-
tations of our laws which have de-
veloped with our progress and civ
iliZation and have become in effect
new laws. It would involve the re-
writing of thousands Of laws by both
| state and national governments.
It would destroy the heart of the
Constitution, because it would kill
the defender of the Constitution, and
leave 110,o00,000 people subject to
the intemperate, hasty or arbitrary
acts Of the two remaining branches
Of our government.
The Constitution, be il remember
ed, is very simple, human docu-
ment, written in plain language, that
contains only 1000 words of eighty
nine sentences, and can be read aloud
in twenty-three minutes. This Con-
stitution not only grants authority to
govern, but just as expressly limits
such authority. Now. there are cer-
tain individual rights the Constitu-
ton demands that Congress shall not
destroy, and these are guarded by
the Supreme Court, so that the aver
age man and woman finds therein
| their greatest protection against
abuse and tyranny. These provisions
are now written so that all may un-
derstand, and not subject to change
by the whim or caprice of a passing
Congress If court review should be
abolished Congress could in any ses-
sion take away these rights:
Rights Which Are Preserved.
Religious liberty, freedom of speech.
peaceful assemblage. the right of
petition for redress Of grievances; the
right of state militia to bear arms, no
soldier shall be quartered in time of
peace in a house without the consent
of the owner. unreasonable search
and seizure; no arrest except upon
probable cause, supported by oath or
affirmation, describing the place and
the person or things to be seized;
capital offenSes must be found by
grand jury Indictment; no person
shall for the same offense be twice
put in jeopardy; compelled to testify
against himself. nor be deprived of
life, liberty or property without due
process Of law; no private property
taken for public use without Just
compensation; in criminal prosecu-
tion the accused shall enjoy a speedy,
and public trial, by an impartial jury,
in the district wher2in the crime is
committed, to be informed of the
nature of the accusation. to be con-
fronted by witnesses. to have compul-
sorry service for obtaining witnesses.
and the assistance of counsel for his
defense; the right of trial by jury
where the sum exceeds $50; excessive
bail shall not be required. nor exces-
sive fines composed. nor cruel and
unusual punishment inflicted.
1--WE should amend our statute laws
to meet the requirements of a chang
ing and complex civilization" Repre-
! sentative Hawes argues. but warns
that ''in making changes the funda-
mentals of government and the bal
ance of power should be preserved"