The Sauk Centre herald., 1937-02-11
Appointments or Amendments?

President Roosevelts proposal to Congress Fri
day for drastic reform of the judiciary, which in
cludes the right to appoint many six new JUS
tices present justices of the Supreme Court
70 years old do not wish to retire sensational to
say the least 1t provides that the court shall not be
increased to more than fifteen members.
Oppositionsts to the proposal see in it an at
tempt to control the court in matters of New Deal
legislation, rather than their constutonalty
through means of constitutional amendments. How
ever it is not the concern of what may Immediately
result from this action, but what may result under
Congress has the right to enlarge reduce the
personnel of the Supreme Court it wishes for the
Constitution makes no provision for the number of
justices who to in that capacity.
Article III, Section l. of the Constitution pro-
vides that the judicial power of the United States
shall be vested in Supreme Court, and in such
inferior courts Congress may from time to time
ordain and establish The judges, both of the Su-
preme and inferior courts, shall hold their offices
during good behavior and shall at stated times, re-
ceive for their services compensation which shall
not be diminished during their continuance in office
Section II defines the courts duties The Constitution
according to the intent of those who framed It, was
evidently to keep the Supreme Court out and apart
of politics It is true most Presidents have selected
party men in their appointments to the bench, but
their actions in matters pertaining to constitutional
ity have been against many party bills.
The Supreme Court organized in 1889 in ac-
cordance with the provisions of the Constitution and
John Jay the first chief justice 1t has not always
been composed of nine members as at present for
changes made by Congress in 1907, 1887 and
1862 Retirement of justices at the age of 70 is not
compulsory, but is personal privilege. If justice
does not voluntarily retire, and is not removed for
cause he is entitled to exercise the duties of office
until death.
1t evidently the desire of those who wrote
the Constitution to keep the Supreme Court and in
ferior courts free from political influence and one
of the three departments of government to act
balance and check department.
President Roosevelt's request may result in the
resignation of present justices who 70
old. If not, and Congress heeds his demand, he will
appoint younger men, who it is supposed will decide
favorably Sew deal measures. In both the Su-
preme and inferior courts under this proposal the
President would have the right to appoint many
200 judges.
One eminent attorney, however saws that re-
gardess of who the President may appoint each JUS
dce must consider legislation the Con-
stution, and he does not believe the power of the
Courts can be curbed through appointments. The
President will most likely win his battle regardless
of opposition which has broken party lines but the
high plane Of the Court attained in the past may be
dimmed for sometime to come For regardless of at
tempts to make people believe it's decisions will be
given according to the Constitution the stigma of pol
itical influence will not be washed away. It may be
that the President has taken this means to force
designations, to make room for young men rather
than appoint additional judges.
One writer says the Supreme Court is the only
imnovable breakwater against the unscrupulous and
rampant spirit of party The proposed action, how
ever, under some circumstances, might destroy that
function.
Increased membership of the court is not without
the power of Congress and more justices would at
times expedite the work at hand. Amendment to the
Constitution to force designations at the age of 70
would, believe be better plan but the appoint
ment of six Supreme Court justices and many more
in the inferior courts at one time would be weapon
detrimental to the nation when left to hands itchy
with the desire for dictatorial powers.