Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-09
BARLEY DEFENDS
NOMINEE PROBES
Senate's Right to Study Eco
nomic Views of Appointees
Upheld in Forum Talk.


United States was defended in radio
address last evening by Senator Alber
w. Barley of Kentucky, one of the %
Republicans who voted against or were
paired against the confirmation OF
Judge John j. Parker.
Senator Barley referred to the
Parker case only indirectly in speaking
arranged by The Evening Star and
sponsored by the Columbia Broadcast
ing System. He discussed the part the
Supreme Court has played in the his
tory of the nation and said that IN
spite of controversy and political acrt-
n1ony growing out of its decisions. 1T
has established itself IN the esteem OF
the people as q sort OF balance wheel
IN our scheme Of Government"
Recalls Baltimore Rate Case.
The recent decision of the Supreme
Court In the Baltimore rate case was
said by Senator Barley to be virtual
announcement that the court construes
educ process Of law" to include not only
protection of life and liberty, but legis-
1ative or executive policies that may
involve the profits upon investments OF
public utilities organized for the service
Of the people.
that the Baltimore case was declded,
said the Kentucky Senator, who recalled
that 1t was this case which played so
prominent a part in the discussion OF
the appointment and confirmation OF
Chief Justice Hughes, although he
played no part In the case, either as
Judge or as an attorney.
This Interpretation of the Supreme
Court has taken it into the field OF
economics" Senator Barley said, land
has given substance to the contention
in the Senate that If the Supreme
Court is to exercise the right to pass
upon a case of profits and Of public
service and other matters involving
the relationship between the people and
corporations created by them, that the
Senate has the right to make reason
able inquiry into the professional and
economic environment and views OF
those who are to exercise this tremen-
dous power as members OF the Supreme
Court"
Senator Barkley's address follows in
full:
Ladies and Gentlemen:
The public interest in the Supreme
Court Of the UniCed States which has
been aroused by the recent appoint
ments Of Chief Justice Hughes and
Judge Parker, and the discussions In
the Senate over their combinations,
has induced The Washington Star to
invite me to discuss briefly the part
which the Supreme Court has played In
the history of the United States.
Manifestly no comprehensive MS
torical discussion is possible within the
short space of time allotted to me. I
shall. therefore, content myself with a
general reference to the more outStand-
ing instances in which the Supreme
Court has shaped the policy OF the
Nation.
When the Constitution was under
consideration and was finally framed
It provided for three departments of
the Government-the Legislative, the
Executive and the Judicial. This was
something of new departure In allo-
eating the powers of modern govern
mert. although there are those who
claim that they can trace this idea TO
Aristotle.
Under the terms of the Constitution,
all legislative powers were vested In
Congress. The executive powers are
vested in the President. These two
branches of the Government are indie
pendent Of each other, except that the
President may veto an act OF Congress
which may be repassed by tWo.tnlrds
vote Of both Houses, and except that all
executive departments are dependent
upon Congress for the necessary appro-
priations to conduct their activities.
Court Is Third Branch.
The third branch Of the Government,
Under the terms of the Constitution, Is
the judicial branch, consisting OF the
Supreme Court and such other courts
as Congress may from time 70 time
establish. The judicial branch Is
wholly independent Of the other two,
except that all judges must be appoint
ed by the President and confirmed by
the Senate, and except. also, that TINS
branch must depend upon Congress Tor
the necessary appropriations TO conouct
dts business.
1t will therefore be seen that while
each of the three branches OF our Gov
eminent is supposed to be independent
Of the other two, there is sense In
which they are all to some extent oe-
pendent upon the others.
one of the great controversial ques-
tions which has occupied the thougnt
of the people since the organization OF
the Government has been the power
of the Supreme Court over legislative
scts of Congress and the executive acts
of the President. Nowhere IN the Con-
stitution Is there to be found any spe-
cific authority empowering the Supreme
Court to declare null and void acts OF
is there any provision making OF the
Supreme Court a sort Of legislative
board of appeals to determine the con-
gtitutionality of an act passed by both
Houses Of Congress and approved by
the President. 1t Is interesting, there
fore, to inquire into the circumstances
under which the Supreme Court has ex-
ercised this power almost from the
beginning of the Government.
At the Constitutional Convention al
philadelphia a motion was four times
defeated to make of the Executive and
Supreme Court a board Of revision To
pass upon acts of Congress. The direct
question, however, of comforting SPECIFIC
authority upon the court to declare acts
of Congress constitutional or unconsti-
tutional was never voted on In the Con-
stitutional Convention.
Constitution and Laws Supreme.
After the formation of the Govern
xnent controversies were constantly artS-
ing over the powers Of the Federal Gov
eminent and of the several States. The
Constitution provides that the document
itself and all laws made in pursuance
of 1t and all treaties entered into shoulc
be the supreme law of the land. Thr
was largely intended to make 1t certain
that where any conflict should arise be-
tween State and the Federal Govern
ment as to the exercise Of any power
the Constitution and the laws OF tbs
United States were to be supreme.
1t was largely because OF controVer'
sizes which had previously arisen amonf
the States over commerce and navtga'
ton that Congress was given the power
to regulate commerce among the States
and It has been largely in the interpre'
tation Of the extent OF this authorlt.
that the Supreme Court has exercised
so large an influence In shaping tn,
nolitical and economic destiny of tn