Coulee City dispatch. [volume] (Coulee City, Wash.) 19??-19??, 1935-11-28
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sY WILLIAM BRUCKART
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Washington.-Several times in these
columns have adverted to criticisms
that have been made
Our of the Constitution
Constitution and have reported
the nature of at
tempts to obtain amendment Of that
document which is as old as our ma
ton itself. I have reported to you
likewise how President Roosevelt, him
self, had limited, if he has not said
frankly, that the Constitution ought
to be amended so that some Of the pol
icies for which he and his New Deal
stand could be made operative.
have called attention as well to an ap-
parent assurance that there will be a
political campaign battle next year on
these questions.
Now, because of developments with
in the past few weeks, propose to
discuss another phase of these attacks
on the Constitution and their concealed
purpose. Frankly, cannot avoid the
conclusion that many of the criticisms
of our Constitution have as their
main objective the clipping Of wings
of the Supreme court of the United
States. I am convinced that many Of
the demands for amendment of the
Constitution to permit broader latitude
by congress are nothing more nor less
than disguised move to take away
some of the independence which the
court has and which, in my opinion,
it ought always to possess. Further,
I have no doubt that these "borings
from within" represent the activities of
those individuals of whom there are
thousands who are not in sympathy
with our form of government. So, if
l am to serve my purpose as your OBJ
server in Washington, I would fall
short of my duty were I not to say
gress lies the answer whether we will
retain our Constitution and our tradi-
lions as republic or whether we will
lapse into some form of state social
ism or of proletarian government
akin to that Of Russia.
1t was back in 1904 that the late
Chief Justice Edward Douglas White
former U nj t ed
ouPrene States senator from
Court the D e mo era C
South and a former
Confederate soldier-felt it necessary
to make public observation about
the work of our highest legal tribunal.
tacks and criticisms being heard, none
of a direct nature, to the general eff
feet that the Supreme court followed
the majority opinion Of the nations
population. There were likewise yelled
remarks that the Supreme court at
tempted to usurp power which was not
its own. Strangely, present-day crit
icism and attacks have had much the
same flavor. To those Of that day,
Chief Justice White said:
mo instance is afforded from the
foundation of the government where
an act which was within power con-
ferred, was declared to be repugnant
to the Constitution because it appeared
to the judicial mind that the partic-
ular assertion of constitutional power
was either unwise or unjust"
have heard, and no doubt you have
heard, assertions by unthinking people
to the effect that since the court has
held some New Deal laws unconstitu-
tional, it was simply old-fashioned, out
dated, or as Mr.. Roosevelt said, it's de-
cisions were taking us back to the
"horse and buggy days" OF course,
anyone who has observed the Supreme
court; anyone who has studied it's pre-
cepts and examples; anyone who has
considered the soundness of it's logic
and philosophy, cannot help reaching a
conclusion that the Supreme court is
not now and never has been an agency
of government that is susceptible to
Auenced by suddenly developed waves
of public opinion. 1t has consistently
adhered to the principle of interpret
ing laws and administering justice
without regard for the effect of it's de-
cisions upon the political plans or
aspirations of individuals or groups.
do not believe that drive to limit
the power of the Supreme court or use
1t in any other way than as the Con-
stitution's drafterS intended will be sue
cessful. Many people with whom have
come in contact, however, anticipate a
drive of serious import. 1t may be that
they wish to see it or it may be that
they believe our Constitution is not suf-
fciently flexible and that we can hard
ly change the Constitution without
changing the power of the Supreme
court. However that may be, it does
appear that the time has arrived for
those who would be Americans and
who would have America last as Re-
public to be on their guard and to
know before they vote for members of
the house and senate whether those
members are going to support and de-
fend the Constitution, the Supreme
Court and the things for which the
Constitution and court stand in our ma
tiOnal life. 1t Is a non-partisan ques-
ton; 1t Is n0n-partiSan issue. and I
think it is of as much Importance as
any question before the American peo-
pie today.