Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-03-11
Summary Of Jacksons Court Statement

| ment as a check. 1t once withdrew
| jurisdiction Of the court to hear and
determine a case that had already
| been submitted, and its power to do
so was recognized. Three times the
device of constitutional amendment
has been used to correct the court.
Six times we have effected changes in
the size of the court, with resulting
changes in the courts attitudes.
II. Experience With Alteration Of
the Size of the Court.
Legislation creating or abolishing
vacancies in the court is authorized
by the Constitution and validated by
historical practice as method Of
bringing the elective and non-elective
branches of the Government back into
a proper coordination. $50
Changing the size Of the court has
never deprived it of independence or
prestige. 1t is just as constitutional
to add members to keep the court up
with the country as 1t is to add men,
bers to keep the court up with its
business. The power OF the Congress
to avert constitutional stagnation Is
as great as its power to prevent con-
gested dockets. And whatever other
motives have influenced the changes
that have been made In the compost
ton OF the court, the dominant one
has always been to keep the divergence
between the court and the elective
branches from becoming so wide as
to threaten the stability Of the Gov
eminent.
There have been six instances.
A reduction of the court from six to
five was effected by what is known
as the midnight judges" law, rushed
through Congress by President Adams
just before jefferson took office. Jus
tice Gushing was not expected to live,
and it was thought by this device to
prevent Mr.. Jefferson from appointing
a successor
Restoration to Six.
The number was restored to six In
1902, and raised to seven in 1907
which enabled Jefferson to appoint new
justices. Charles Warren has col
lected Supreme Court in United States
History, Vol. l, pages 210-2l2) the
comments of the press on Mr.. Jeffer-
sons move, which read like this morn
ing's paper. I quote characteristic
comment. One paper said, by this
vote the Constitution has received a
wound it cannot long survive" An
other stated that mortal blow had
been struck at the independence of the
judiciary" James A. Bayard wrote
The independence Of the judicia
power is Frustrated"
The Jacksonian revolution was sig
nalized by the addition of two, new
judges in 1887. There was an in
crease in judicial business, but Con-
gress had refused successive demands
of prior Presidents for an increase.
In 1853 the court was enlarged tc
10, in part, to assure that Mr.. Lin
coins war policy would not be injured
by judicial attacks. The vacancy was
filled by the appointment of Justice
Field, who was recognized as "a strong
Union man" That Lincoln had G
purpose to strengthen his position with
the judiciary may be inferred from
his conf1ding to Congressman Bout.
we'll as to the appointment Of Chic
Justice Chase that We wish for 6
Chief Justice who will sustain wha
has been done in regard to emancipa.
ton and the legal tender"
Thu
10 to to prevent the vacancies from
being filed by President johnson will
appointments which it was fearet
might be unfavorable to the recon
struction" policy.
In 1869, under President Grant tn
court was again enlarged to nine.
President Grant took pains to ap
point justices who, honorably bu
frankly, favored his policy.
In all the foregoing cases there wa
real danger that the non-responsivt
, non elective branch of the Govern
) ment might impose its unsympatheti
! predictions on the country to MULTI
5 the policy of the elective branche.
When immediate and effective actor
has been necessary, the method Whicl
the President now proposes has bee
3, used throughout our constitutions
t history.
; III. Experience with amendments I
correct court decisions.
, The amendment method to corree
: the court has been used three times
= | The eleveptb opoapdypopt .,oe odo,+ =
to correct the court on suits agains
the States; the thirteenth, fourteent
and fifteenth amendments to eradicat
the philosophy Of the bred Scott de
cision and effectuate the policy of re
construction, and the sixteenth to alte
the result produced by the courts rul
ing on income taxes
, I am not urging that amendmen
method shall not now be tried. Blu
1 do point out certain problems whic
craftsmen and advocates Of amend
ment will need to consider.
Experience has shown that it is diff
ficult to amend constitution to max
1t say what it already says.
Our constitutional history abun
dainty demonstrates that it is I'M
.. possible to foresee or predict the In
depreciation or effect which may
given to any language used in a
amendment. The difficulty of enact
ing an amendment to overcome a sin
gle decision Of the court, such as tn
bred Scott decision or the income ia
decision, becomes more difncult whel
the problem is not to meet singl
|, concrete decision but to meet = stat
OF mind or mental attitude which per
- IT'S TINE poDDs
AL NH