The Washington times., 1935-09-26
YOUR CONSTITUTION
Series of Short, Clear and Illuminating Articles
On the Constitution of the United States
By JOHN FRANCIS NEYLAN
ARTICLE4

Government should be coordnated, but each
supreme in it's own jurisdiction. Having emphasized
this independence it can be excused for not having
anticipated the possibility of a complete surrender
by one branch.
Balancing the legislative and executive branches
of the Government, the Constitution in the third
article, created the Supreme Court of the United
States and provided for the creation of the inferior
Federal courts. Additionally, the article prescribed
the courts jurisdiction.
The Judicial Department of the Government was
placed upon an equality with the other two branches
and probably nothing could better illustrate the far
sighted wisdom of the founders
In the disturbed conditions of the last few years,
in which the legislative branch of the Government
has abdicated it's powers and performed under
executive direction; while the executive branch has
been engaged in the inauguration and perfecting of
a system of government by inquisition by bureaus,
by invasion and destruction of personal and prop
cry rights, and by propaganda which many believe
will lead to widespread pauperization; THE
THIRD COORDINATE BRANCH OF THE GOV
ERNMENT HAS ADHERED TO THE LETTER
AND SPIRIT OF THE CONSTITUTION, AND,
MANY STUDENTS BELIEVE, SAVED THE
REPUBLIC.
The only branch of the Government whose men,
governmental expense, the Supreme Court of
the United States, has again furnished the proof
that government based upon the consent of the
governed is feasible and not chimerical dream to
be blown into nothingness in times of emergency
by the sheer power of demagoguery.
When the history of the present era shall have
been written in calm and contemplative mood, it
almost certainly will be recorded that the EMER-
GENCE OF THE UNITED STATES FROM
ECONOMIC CHAOS BEGAN MAY 27, 1885, THE
DATE ON WHICH THE UNITED STATES
SUPREME COURT CALLED A HALT TO THE
TENDENCY TOWARDS GOVERNMENT BY
EXECUTIVE DECREE, AND IN FIRM TONES
LAID DOWN THE LAW AS TO THE INALIEN-
ABLE RIGHTS OF AMERICAN CITIZENS AND
STATES.
On May q, in three unanimous decisions, the
court gave notice to the world that THE CONSTI-
TUITION OF THE UNITED STATES STILL
LIVED, AND THAT THE EXECUTIVE WOULD
NOT BE PERMITTED EITHER TO ABROGATE
THE tn RIGHTS OF THE SOVEREIGN STATES,
TO FORCE UNLAWFUL DELEGATIONS OF
POWER FROM CONGRESS, TO USURP THE
POWER OF REMOVING QUASI-JUDICIAL
OFFICERS IN ACCORDANCE WITH PASSING
WH1M, OR TO TAKE PROPERTY WITHOUT
DUE PROCESS OF LAW.
Those decisions were written or joined in by
liberal members of the court who had waged
NNNo0AAS WoA AoLO 4O4 Sc44cA dClOu O1I US1dA1 VI
popular rights as against entrenched wealth.
In its clean-cut decision, holding the National
Recovery Administration act unconstitutional the
court restated principle set forth in the cearest
language in the Constitution ITSELF
Nothing has ever been clearer than the fact that,
if the sovereign rights of the States and of the peo
pie had not been preserved, there would have been
no nation. Every law students and almost every
school boy was acquainted with the principle.
The soundness of the principle was eloquently
supported in national radio address by an out
standing public man, on March 2, 193O-not 1880,
but 1930-when he said
"IT WAS CLEAR TO THE TRAINERS OF THE
CONSTITUTION THAT THE GREATEST Pos
SIBLE LIBERTY OF SELF GOVERNMENT
MUST BE GIVEN TO EACH STATE. THAT is
WHAT WE CALL THE DOCTRINE OF HOME
RULE AND THE WHOLE SPIRIT OF THE
CONSTITUTION is TO CARRY THIS GREAT