Evening star. [volume] (Washington, D.C.) 1854-1972, 1924-09-19
Supreme Court Seen
American Reliance

follower was asked II he did not
Tear that tinkerinS with the powers
of the supreme Court might jeopar-
die the basic plan of our Constitu-
ton, as the power of the Supreme
Court TO interpret the Constitution is
ITS one distinctive feature that haS
kept our Nation from iu-thought-or-
fundamental changes. He answered
the question by saying The English
government has no supreme court to.
interpret its constitution"
HIS answer is correct so far as il
goes. But his answer is based on
d set OF facts not in the least COM
parable in any way to our scheme of
government, and in fact, the "envir-
onment" of our Government is some
what different from that of Great
Britain. The structure of the two
governments" is fundamentally
different-the difference is about the,
same as the difference between a
steam engine and a gas engine, but
like them, the object sought is the
same. Herein. then, is his error. He
has thought only of an engine" that
pulls its load-not of the kind of an
engine, nor the motive power.
Our Government comprehends three
coordinate departments acting in
unison. Great Britain has only one
combines our three. But that one
depar ament-is SO hedged
about with checks that the ultimate
result is extremely conservative
legislation. If our Congress were
given the power to interpret its own
acts without the checks that inhibit
the Parliament of Great Britain, it
might be only few years until a
communist government would be in
-
Granting that Mr.. La Follette's in
tentions are honorable. which I be-
lieve they are, the danger is none the
less there, for it will put power in
the hands of men less capable and
honorable than he.
Lower Houses Similar.
Generally speaking, the election of
members to the lower house OF Par
Lament is about the same as to our
lower house Of Congress. The upper
house of Parliament is hereditary or
-ominative. and for life. Our upper
house of Congress is elective for six
years. The upper house of Parlia
ment is not so powerful in legislation
as the lower house. In our Congress
both houses are equally powerful.
excepting that all revenue bills must
originate in the lower house; but as
an offset the upper house confirms
the Presidents appointees and the
Supreme Court members.
Our President is not a member of
either house of Congress, and may
not initiate legislation. nor may he
discuss pending legislation on the
floor of either house of Congress.
The premier of Great Britain must
be member of one or the other
house of Parliament. he may initiate
legislation. he may discuss it on the
floor of the house of which he is
member.
The President may not vote on a
measure in Congress; the premier
may vote for or against bill The
President has the veto power on
bill that has passed Congress, but
the bill may be passed again over
his veto. The premier has no such
privilege. The cabinet of the pre-
mier are members Of Parliament and
have the same voting power as the
premier and the right of discussion.
The Presidents cabinet have no such
privilege.
The premier and his cabinet are
always of the dominant force in Par
Lament; this is not true of our form
Of government. But there are certain
and definite but almost unseen checks
cabinet may be likened to a subcom-
mittee of a full committee which is
appointed from the membership of the
Senate or House majority-in fact, 1t
is that with the exception that there
are no minority members of the op-
position party in either the full COM
mittee or the subcommittee. That is
there is no opposition member in the
premier's cabinet. This similarity is
true because, in it's checks, the cabinet
ministry, and the ministry is more or
ministry and the privy council are not
members of either house of
Parliament, and, in fact, even the
cabinet may have a member not
Of Parliament.
Course of Legislation.
While measures may be introduced
in Parliament by members of either
house except for revenue, which must
originate in the House of Commons,
only minor bills are introduced by
them. All major bill are introduced
by the premier or his cabinet after a
secret agreement. The majority
thought of the cabinet prevails, not
just the will Of the premier. But before
the premier introduces a measure 1t
may well be believed he consults the.
eand the privy council as well
as the majority party to which he
belongs.
This sitting down procedure, this
winnowing the chaff from the wheat