The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1936-01-03
WILL HISTORY REPEAT?

D GENTLY we quoted from warnings of three
~ Supreme Court justices against the Federal
judiciary's encroachment on the rights Of Con-
gress and of state Legislatures.
There is nothing new about the lamentations of
and Cardozo. Down through American history have
come warnings just ominious, and not always
from the lips of dissenting justices Sometimes these
denuncations of judicial usurpation have issued
from victorious political leaders, and have con-
tributed to the shaping Of history.
AS cid as the republic are the struggles for power
between the Federal judiciary and Congress and be-
tween the Federal judiciary and state Legislatures
Every time citizen corporation scurries into
a Federal court invoking state sovereignty or ma
tional sovereignty-as suits his purpose-to escape
Federal law a state law, it is but another skir
mish in those unceasing conflicts.
THOMAS JEFFERSON founder of the states
rights Republican party, once warned that "the
germ of dissolution of our Federal government is
in the udiciary-an irresponsible body working like
gravity, by day and by night, gaining little today
and gaining a little tomorrow, and advancing its
noiseess step like thief the field of jurisdic
ton until all shall be usurped."
James Madison, father of the Constitution said
in his declining years that the process of making
the judiciary paramount legislation was never
intended and can never be proper"
The doughty Andrew Jackson under whose lead
ership the Jeffersonian party was reborn as the
Democratic party, defed a Supreme Court ruling
against the state of Georgia. John Marshall (then
chief justice) has made his decision" Jackson
snapped, nov let him enforce it."
party to its first national victory in campaign in
which defiance of the Supreme Courts bred Scott
decision his chief issue. eff the policy of the
government on vital questions affecting the whole
people is to be irrevocably fixed by the Supreme
Court the instant they are made" said Lincoln in
his first inaugural address, "the people will have
ceased to be their rulers" He ignored the court
while waging the Civil War to settle the issue which
the courts decision had brought to head.
Ulysses S. Grant, whose party leadership sealed
"opublican dominance for many years. packed the
Supreme Court with new members to get it to re-
verse its greenback decision against his money policy
Theodore Roosevelt, whose Square Deal" revival
lied the Republican party early in the century,
undertook to clip the powers of Federal judges after
their decisions had frustrated some Of his antitrust
reforms. He urged referendum Of the people on
laws which the courts held unconstitutional 1.-THE
highest right OF free people is the right to make
their own laws :" he said. II hold that the people
should say finally whether these decisions are or are
not to stand the laws of the land"
T>RANKLIN D. ROOSEVELT, whose New Deal
L reforms today under attack in the courts,
has not yet spoken out harshly against judicial
Illustration did Jefferson, Madison Jackson, Lin
coin and Theodore Roosevelt and as have recently
the three minority justices, Brandeis Stone and Car
dozo. Nor has he, did Grant, attempt to force
judicial acqriescence by packing the tribunal.
But if the courts throw many more Of his reforms
into the waste-basket, there may come time when
Franklin Roosevelt to his program will have to
take stand similar to those taken by so many Of
his illustrious predecessors