Montana labor news., 1935-05-16
A E
COMMENTS
~ n. I99s
" Han. Joseph ?. Monaghan

press reports OF criticism Of the Sup
rene Court.
Mr.. Monaghan Mr.. Speaker, / rise
to call attention to what / consider a
very fine and splendid dissenting dec
ision handed down by Chief Justice
Hughes and Justices Brandeis, Stone
and Cardoza of the Supreme Court OF
the Omitted States, pointing to the rea-
sons why they believe the Railroad Re
tirement Act to be unconstitutional. A
study of his decision c%onvinces that
the majority opinion was unprogress-
i've, unconstitutional and not correct.
1t should also convince the Democratic
side of the House that it acted I'M
wisely when it failed to favorably act
upon III. II. 5l6l, which would have
encouraged retirement of some OF the
reactionary judges Of that Court by
guaranteeing them a pension and by
passing the bill which was presented
to this Congress some weeks back and
which would, it was believed, have crea-
ted am opportunity for the President
of the United States to appoint men
more I'm accord with the great princi-
pies OF progress OF this day and age
and OF the new deal policy Of plac-
ing human rights above property rights.
I do not believe the decision of the
majority endangered the security legis-
lation at all as proposed by the adj
ministration, because it was even adj
mitted by the President in his last
splendid fireside chat TO be for the fu-
ture and not for the present.
TIT is hardly conceivable that any em-
ployer or any industralist, or any OF
those who usually challenge legisla-
ton enacted by the Congress Of the
United States, would submit themselves
to the great cost OF testing the sec
urity legislation, since it would not for
some time TO come, If ever, affect them
financially. 1t is regrettable, however
and / realize that it is possible, but not
necessarily unavoidable under the Con
stitution Of the United States, for one
man. after thorough and scholarly con
sidcration of legislation in committee
further consideration in the House
more study before signature by the
Speaker, later judicial attention in com
mittee of the Senate, study and debate
for days and days or weeks and week:
on the floor Of the Senate, and, finally
mature, complete, and deep analysis
preceding signature by both the Vice
President and the President OF the
United States, for one man to be able
to virtually nullily the action OF this
entire group that represents the demos
oil democracy, if such exists, the voice
Of the people OF the United States.
MIR. O'Connor, MIR. Speaker, will the
gentleman yield?
Mr.. Monaghan, l yield to the dis
tinguished Chairman of the Rules Com
mittee.
MIR. O'Connor. One man can do that
here. il the vote were 2l6 to 2l6, one
man could stop any legislation in this
country, let alone in this House.
Mr.. Monaghan. [ agree with the
gentleman, and that is equally regret
table. Gaughter)
Mr.. Sisson. Mr.. Speaker, will the
gentleman yield2
Mr.. Monaghan. Yes; I yield to the
gentleman from New York.
Mr.. Sisson. Would the gentleman.
perhaps, include in his argument r and
/ sympathize with 1T to a great eX-
tent = that the power Of the Supreme
Court to set aside an act Of Congress
is without express authority in the
Constitution?
Mr.. Monaghan. agree with the
gentleman. There is no express au-
thority in the Constitution. The pow
err is only implicit. Some students OF
the Constitution believe that the Con
@stitutional fathers intended it to exist
will further say, however, if such
constitutional power exists by proceed
emit that |tyrannical dictatorship could be
at least partially cured by enactment OF
the bin presented yesterday by Mr..
Ramsay, which provides that the infer
ior courts. OF the United States and the
courts of the several states shall have
10 ;,,~;sd;oeo, IN declare anv act of
go t41t;ona Tbis now
~ sI,n ool. he e,.srcised Inv the sup
rog- - Anoesis Of he United
49,. gheoeaar tb-ree.fonrfbs If tbe
e,o.mLorsh;a ~ s,id Court sball decide
g,.+ az act ~ Conarcss / IN violation
- tLa roos+;t,+foa a. one NJ its amen
daants
Wanid I. ,o+ s,,,o , GREAT deal of +he
4;,,a a. tbe Co,orass and NJ fine Presi-
J IN e.,d LII + aot sare Great deal
~ H. aoae,,s IL tbo ~naonie Of fine
limited Statee If we could cali that au-
o,,st body before tbe committee that
considered Legislation and ask. "What
do Won think If This legislation" and
Is. ~