Evening star., 1935-06-21
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any authority not granted to them
by the people. 1t is the vindication
of the power of the people.
Those who would strip the Supreme
Court of this power have thin juStif1-
cation for. their impatience when the
whole record is candidly confronted.
In 146 years, Congress has passed
24016 public acts, and only SO have
been held unconstitutional. The score
is 24,o16 to SO! Yet the SO are magni-
fed into frequent excuse to assault
the Courts Jurisdiction. The fact
that many of these adverse opinions
concentrate in our last two innovating
years is less reason to attack this
jurisdiction than to challenge these
immediate trends as being hostile to
American institutions. 1t calls for
more rather than less vigilance.
Under lash of temporary dis
appointment or impatience, we may
flare into thoughtless echo of these
old demands for revolutionary change.
But second thought, though sometimes
dangerously belated, never yet has
failed to restore just regard for the
amazing constitutional structure which
makes us what we are.
I do not argue against exercise
of the right to seek constitutional
change by the ordained process. I
only appeal to the people not to yield
lightly to the demands of an inpas-
stoned moment; nor to be misled by
any specious plea that the Constitu-
ton is an instrument of malign re-
preston deserving popular contempt.
Truth is exactly otherwise. The Con-
stitution protects the people and pre-
serves to them sole sovereignty. The
people victimiZe themselves If they
part with this bulwark.
Congressman are chosen for two
years; Presidents, for four; Senators,
for six. They come and go-hailed
today - repudiated tomorrow. The
Constitution is our one continuous
foundation. If it every becomes SINH
larly transient, we shall trade granite
for sand as the base of our institutions.
This does not suppose a superiority Of
the judicial to the legislative or execu-
tive power. 1t suppoSes only that the
power of the people is superior to
all three. The Constitution is the
people. The people never should
mediate their own dethronement, or
hasten to the defeat of their own au-
thority. They should never embrace
constitutional change except as it
becomes conclusively plain as the only
recourse.
This is not Russia-yet. This is not |
Europe. This is still the Republic of |
the United States. Why? Because of
the Constitution. Those who Snlirk at
it as a ''horse and buggy" antiquity,
conveniently ignore the shining fact
that under it we have bililded larger
relative happiness and prosperity than
any other nation In history.
For every credential urged in be- |
half of the new experimental era, |
thousand benedictions may be cited to
the honor and the glory of traditional
American constitutional institutions. |
If the time finally has come for |
change, let the need and the wisdom |
of it be proven beyond shadow of a |
reasonable doubt. Let no passing |
fancy, no tickle emotion, no baked |
ambition drive us to hasty reprisal |
upon our greatest asset. The remorse |
and repentance of tomorrow win be
poor consolation for the unthinking |
errors of today.
It is no idle resurrection of a |
rhetorical phrase; it is no empty |
recollection of Lincoln loyalties; it is
simply the iron truth that is the in
tegrity of the Constitution of the
United States which alone warrants
that government of the people. by the |
people and for the people shall not |
perish from the EARTH" |