The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1924-10-16
CONSTITUTION OR
CHAOS issue FOR
VOTER TO DECIDE
Proposal To Take Away
Authority Of Courts
Causes Alarm

Looking beneath the froth ant
foam that covers the surface o
political discussion in the presen
campaign thoughtful and patriots
citizens have discerned the grea
paramount issue that confront,
them. 1t is an issue and a question
that transcends all disputes concern
ing policies of taxes, tariffs or trans
portation problems and goes to the
very heart of the national structure
The one vital question that must be
determined by the voters OF this
country on November 4 is this:
Shall the personal rights and liber-
ties of the citizen and the property
rights of the individual continue to
be protected under the orderly pro-
cesses of law, safeguarded by con-
stitutfonal guarantees as ordained
by the founders of the republic and
Interpreted by an independent jul
dietary, or shall human liberties and
property rights become the football
of partisan politics and be thrown
into the maelstrom of congressional
procedure for determination upon
the basis of political expediency.
Stripped Of all sophistry of argu-
ment this is the simple statement of
the far-reaching proposal advocated
by Senator LaFollette and his fol-
lowers in this campaign. They
would tear down the judicial struct-
ure of our government by giving to
congress the power to veto the de-
cisions of the supreme court of the
United States and thus make all
judicial decisions subject to review
upon political grounds, by con-
gressional body whose membership
is subject to complete change of per-
sonnet and political complexion
every two years and the intellectual
and moral standard of which is
shifted from time to time to reflect
the disturbed and disconnected state
of public mind as it may be affected
by temporary conditions.
There has been a noticeable dis
position within the last few weeks
on the part of LaFollette and his
party to abandon discussion of this
revolutionary proposal and in order
to avoid the consequences of defeat
that such dangerous program must
surely bring about, some of the La
Toilette group are even denying that
such a radical step is contemplated
in the event that LaFollette and his
third party are successful. Let no
citizen of the United States be de-
ceived. The issue has been made
and must be settled. What does
the LaFollette platform say on this
subject? This is the language of
their plank on the courts, and is
taken from a pamphlet sent out by
LaFollette headquarters at Chicago.
The plank reads:
"Wo favor submitting to the peo-
pie, for their cOnsiderate judgment, |
a constitutional amendment provid-
ing that congress may by enacting a
statute make it effective over a |
judicial veto.
1--WE favor such amendment to
the constitution as may be necessary |
to provide for the election of all fed
eral judges, without party designa-
ton, for fixed terms not exceeding
ten years, by direct vote of the peo-
pie"
Celebrating upon this plank in a
speech at New York City on Septem
Der 8, Senator LaFollette said the
plan of his group of political follow
ers is this: When the supreme
court shall nullify an act Of con-
gress as unconstitutional the court
shall certify its decision with the
reasons, back to congress. Con-
gress would reconsider the measure
and the reasons of the court; and II
the reasons of the court seem sufftcf-
emit the veto of the court should
stand by an act of congress. If not,
II congress shall find that the court
ID wrong because based on economic
Or political opinions of the judges,
then it would be the duty of con-
gress to repass the measure. 1t is
argued that this plan would give all
hands full opportunity to discuss
Ind consider the matter.
1t is clear that such plan would
destroy the independence of the SUI
breme court and would give con-
kress a superior power over the SUI
creme court. Ultimately this would
throw many constitutional questions
hto politics, and transform con-
PRESS from legislative body to
judicial body.
It's practical effect would be to
hake congress the final judge and
M its own acts. And this Is exactly
he thing that the patriotic trainers
Y the constitution sought to avoid
! order to make secure and forever .
&violable against the passions of : :
en, the sacred and inalienable !
khts of the individual citizen no /,
after how humble or poor he might !
Benator LaFollette admits that :
6gress might be just as easily mis- !
len as the supreme court. So :
y as constitutional questions are {
eters of judicial opinion, the final :
must be lodged somewhere. The :
hers of the constitution intended :
Aould be lodged in the supreme :
IT, 1t should remain there.
hat the congress as an organiza-
subject to change every two
necessarily must be more or
unstable and lacking in perman-