New Britain herald., 1930-03-27

greed for power, which grows by what it's feeds upon. Some of us believe that the constitution can- tenn of the states be wholly absorb ed in the central sun of the feder- al government. Our nation is too vast in area and our people too nu- merous to be governed altogether from Washington and yet it's seems impossible to combat the tendency towards centralization when this 'ethos' of the people, of which Aristotle spoke. demands it. The everlasting difference between the , American people, when they fram- ed the constitution, and the Amer bears thoughts in terms of abstract political rights, but we today think in terms of concrete economics. Moreover, the gospel of the Amer ican people today is efficiency and to secure such efficiency they are apparently willing to sacrifice any principle that makes for the great CT consideration of security.
 we can measure this in the con- tempt of the people for congress and their confidence in the cXecu- tive, whoever he may temporarily Dc. In nearly every controversy be- tween the executive and the con- gress, the people sympathize with the executive, for they can visual ize a single individual and make q /! legend of him. but the multi-headad Congress makes no appeal to their imagination. They share the relief or the President when he no longer has Congress on his hands to use the popular expression.
 This, in itself, is an amazing change in the ethos of the people, for our constitution was formed when the traditions of the great English Revolution of 16SS was still 1 dominant in mems thoughts. Then the people were jealous of executive power and established in England the supremacy of parliament. To- day many Americans subconscious- | ly believe that the United States would be better off if the president were made a committee of one for the union. That this is their ethos is shown by the fact that, in our in- dustriaI development, all govern- ment of corporations tends to con- centrate power and, therefore, re- sponsibility, in one man, and we cannot think in terms of one-man power in industrial development without a reflex effect upon oui conception Of that larger corpor- ation. which we call our goveru- ment.
 T confess I cannot sec the Way to combat this changed conscious ness of the American people, which is so largely due to mechanic. forces, which no written consttu. tion can overcome.
 Faith Deadens Consciousness
 Indeed, our very dependence upon a written constitution ant our mistaken belief in it's static na- ture and it's self-eXecuting powers has ended to deaden the political consciousness of the American peo- pie. They mistakenly believe that ln some way, the constitution wi. save Itself and they have the wholly illusory idea that, if Congress passes unconstitutional laws, the Suprem, Court will, in some way, invalidate them and that, therefore, the pto- pie need have no concern abou such invasions of the constitution The idea that the supreme cour has unrestricted and plenary powc to disregard and invalidate an un constitutional statute is the gred illusion. In he first place. the su prcmc court can invalidatc no law unless it is involved in d concret, case and often no such case ev.l arises. In the second place. the su premc court, necessarily influenced by the spirit of democracy, sustain; any doubtful statute unless it's COT
 flict with the constitution be clea, and almost indisputable.
 Moreover, there are many law: which involve questions of politici : discretion, which can never comt before the supreme court, either be cause their invalidity depends upu1 the motive of the legislators, or be cause they involve profound ques tons of political discretion, upol which the court is not competen to act. l do not minimize the grel