Evening star., 1923-02-11
BY WILL p. KENNEDY.

@ the executive and legislative
branches Of the government
between the President and
Congress-are now given a spice of
variation by some members of Con-
gress trying to embroil the legisla-
tive branch in open contests to cur
tail the authority of the judicial
branch, which would in time destroy
| it.
Various proposals looking to that
| end are now before Congress-. Sena-
| tor Borah is fatherinR a resolution
which would require a decision to be
| concurred in by seven members Of the
| Supreme Court to hold a law uncon-
| stitutional. Senator La Toilette has
G. constitutional amendment provfd-
| ing that the term of the judiciary be
| fixed for a specified duration and not
! for life. Representative James A.
| Frear Of Wisconsin, introduced res
| olution and printed in the Record the
| other day a long speech in protest
against judicial regulation Of the
legislative branch Of the govern
ment"
| 1t is proposed by constitutional
amendment to take from the Supreme
Court the power Of judicial review Of
| legislative enactment.
Worried by Propaganda.
The safe and sane sentiment in Con-
| gress is 30 strong that there Is no
| danger that one Of the three co-or-
| dinate and foundation branches of our
| government will be destroyed. entail
| ing the destruction of the present
| American form Of government and
| the setting up Of an entirely new and
| different system, but the best stu
dents of government and those who
| look wisely to the future are worried
that this propaganda to weaken and
destroy the judiciary should come just
| at this time.
| First, men like Representative
Harry 3. Hawes Of Missouri. direct
descendant Of the American revolu-
ton, and who himself served with the
general staff Of the Army during the
world war, point out that the destruc-
ton of $30o,O00. 100000 in property
and 3O.0o0,00O lives has shaken the
whole world to it's very foundation
and a certain unsettling influence In
our country has produced an unusual
increase in crime, accompanied by as
saults upon our form Of government
and its cornerstone-the Constitution
Second, this question will not be
considered by any chance in this
Congress, but If propaganda strong
enough is developed it may be brought
as a fostering sore into the next Con-
xress, which will include a much
larger radical group.
It will be recalled that this was
ons of the eo-called reforms prom
| ised some time ago by spokesman
for the incoming radicals
So. the safe and sane and forward
looking statesmen in Congress are
warning the people of the country to
be on their guard and to protest
against any such proposal to under
mine our form of government, and
particularly at this dangerous period
OF unrest
| Attacks Fundamental Principle.
i The proposal to reverse by legis-
Iative action the decision OF the Su-
promo Court Is an attack upon the
fundamental principle Of our sys.
tenn. which dtfferentiates this from
all governments of history, which
secures the absolute independence
/. and coordination of the three de.
partments Of government. No law Is
effective SO long as its constitutional
ity "a contested. A tribunal. supreme
and final in its findings must be in
deuendent in it's functions to insure
impartial decision. To reduce this
houy to the whim of q. changing
public opinion would destroy Its
value
To set aside an act Of Congress on
the ground Of its unconstitutionality
!. ia 30 important, it is argued, thai
!, It is a question whether 1t should
he done by the court in q divided
decision of Ave to four. Such far
reaching power should not be exer.
cised where serious doubt exists
Wherefore, an amendment to the Con.
i, stiturion requiring a two-thirds or
three fourths vote of the Supreme
Court to set aside an act of Con
. gress would secure to the people thG
value of the judiciary without in.
terferenca with its independence
Such g. step would not be unwise, the
constitutional and government students
declare.
But It is further proposed that con
Kressional enactments may be re-
viewed by tho courts. but If declared
n violation Of tho Constitution by tht
court, then Congress may by subse
ouent enactment replace the law upor
the statute books and further cour
review be restrained.
To Make Bad Law Good.
(which means" says Representative
! Hawes, "that If the court in review
holds the law to be good and not &
, violation of the Constitution 1t be-
comes a law. If the court holds the
. law is bad because 1t violates th'
i Constitution, then Congress can make
, II good by the simple process OF re-
, enactment.
! "If Congress passes a good Law
once It is to remain" Representative
Halves points out, "but In order te
mako q bad or unconstitutional Ia"
constitutional it will be required te
, do the bad thing twice. and by thi;
repetition bad law becomes as goo6
as good law. If Congress strikes the
Constitution only one blow with one
fist 1t will be called a draw, but II
Congress comes back and hits the
, Constitution a second blow with the
other fist Congress wins"
:, The place of the judicial power in
our national government is not gen.