Evening star., 1924-04-27
BY THOMAS X. MARSHALL.
Former Vice President Of the Unftes
StQtes.

The difference between Great Brit.
aims unwritten constitution and the
written Constitution OF the United
States is that under the former the
British parliament has full power
and authority to declare anything tc
be the law of the land, while the lat
ter imposes metes and bounds beyond
which the American Congress may
not go, even for the avowed purpose
or redressing wrongs or guaranteeing
the rights of citizens In consider
ing changes to be made, whether in
statutory or in organic law, it should
always be remembered that a change
should be made not only to rectify a
grievance, guarantee a right or en-
large an opportunity, but also To
guard against an impending evil.
This statement applies particularly
TO changes in the organic law OF the
land. Whenever one is proposed
consideration should dwell not SO
much on what is likely to happen
as result of the change as on what
may happen. Quite frequently it is
better to bear the ills we have than
TO fly to others we know not of.
cannot keep my mind off the
udhsers which might como to the
rights and liberties of the individual
unoer the proposal to change the or
sahlc law with reference to majority
rule in the Supreme Court OF the
uhlted states. The time is ripe for
tfose VINO are satisfied with the in
tegrity and justice of the court to
De on guard lest lawyers who have
iost their causes and clients who
nave sunered from adverse decisions
- Use sucn a storm around the Con-
gross and state legislatures 40 to
make the change possible.
K * x
Much Is being said about majority
opinions of the court, as though ma.
Jority opinions were as common as
nowers that blom in the spring II is
we'll to remember that during the en-
tire existence of the court only seven.
teen cases have been decided bv n
bare majority and that only eight
OF these seventeen opinions declared
law to be unconstitutional II is a
Tar better record of good faith, JUS
tlce, honest and square dealing with
the people than can be shown bv
elther the executive or legislative
branches OF our government IL the
supreme Court has been mistaken
oniy eight times in nearly seven score
years, granted it has been mistaken
each time, its record of accuracy is
marvellous in comparison with the
predigested and ill-digested IegisIa
ton that is constantly being enacted
to control the lives. liberty and busi-
ness OF the American people.
No man ere felt the halter draw
with good opinion of the law" and
doubt it ever there was a lawyer
or a client who lost a cause without
feeling that the court was either
corrupt or incompetent. But if agita-
tion to change the rights of the Su-
preme Court is to continue. then the
people ought seriously to consider
possible results under the proposed
change, remembering that organic
law is made for what may happen,
rather than for what will probably
take place.
If seven justices are to agree in de-
claring an act Of Congress invalid,
then the legislative authority of this
country will be supreme. if in any
way 1t can control the opinion of
three of the justices of the court. Let
us suppose, merely for sake of illus
tration, that the religious contro-
versy which is going on in this coun-
try at the present time shall keep up.
Let US assume that a ku Klux Presi-
dent and overwhelming Ku klux Con-
gress are in office in Washington.
Then let US assume further that three
vacancies on the Supreme Court