Montana labor news., 1936-04-16
F. of l.. President Visions Gov
eminent By Judiciary AS Re-
suit of Permitting Judges "To
Review Law For the Purpose
of Notification"
Keeping the Enactment of Stat
utes in the Hands of Congress
is Held "the Key to the Main
tenance of Democratic Self
Government"
by A. F. Of L. News service)

(By A. F. OF L. News Service)
WASHINGTON, D. CA vigorous
criticism of the power which the
courts exercise to nullify laws enacted
by Congress by declaring them uncon-
%stitutional characterizes an editorial BY
William Green in the March issue of
the American Federationist.
Discussing '"The Key to Democratic
Government Mr.. Green takes the po-
sition that judicial authority to void
statutes tends to establish government
by the judiciary, which is held to be
at variance with the fundamental
principles underlying democratic gov
eminent. He emphasizes the para
mount necessity of preserving COM
plete legislative power for the repre-
sentatives OF the people in the United
States Congress.
The text of the editorial follows:
No institution can go through
years Of existence and function upon
changing conditions and forces with
out modifying its own procedure from
time ia time.
Since the government Of the United
States has been operating under the
Constitution, the Union has grown
from IS states Of the status OF colonies
to IS states with Alaska, Puerto
Rico, Hawaii and the Virgin Islands.
We have changed from a domi-
nantly agricultural country to an in
dustrial one. Instead Of largely self
dependent communities depending
mainly upon water transportation, we
now sell and buy in national markets
geared to international conditions.
From groups widely separated by
distance and slow ways Of commune
cation, we can go from coast to coast
in "a hours and a single voice can
speak to the whole nation. From be-
ing a small uninfluential nation, we
have become a world power-a cred
itor nation instead of a nation that
borrows.
In the great political and social
changes that have followed economic
and technical progress, government
has met new situations and has de-
veloped new functions.
Our Constitution formulates funda-
mental principles to be followed, but
there nus be power lodged in some
division to allocate new functions and
duties.
Naturally we turn to the body that
represents those who hold ultimate
sovereignty-the citizens OF the ma
ton. Congress is the representative
branch Of the federal government d.
rectly responsible to the citizens.
From Congress, the law-making body,
we expect ALLEGATION Of new power
and regulation of its use under the
spirit and fundamental principles of
our Constitution.
Law is a method OF adjusting hui
man relations which are both dynamic
and changing. Unless law serves as
a social instrument it becomes an in
strument of r%eactionary, group inter-
ests. To keep the enactment of law
in the hands Of the representatives of
the people, is the key 70 the mainte-
nance Of democratic self-government.
TO allow courts to review law for
the purpose of notification, is to Gre
ate an all-powerful judiciary and to es-
tablish government by the judiciary.
The issue which we face and which
we must decide by action or inaction
Isl: Shall the law making function be
delegated to the Congress Of the
United States?
THE functions Of the judiciary are
quite different from those Of the law
making body and hence the person
mel are selected in a different way.
Lawmakers must be responsible d.
rectly to the c%itizenry. Shall we take
steps to return it there?"