Evening star., 1937-09-13

which organizations of citizens can
do on Constitution day. 1t is to
educate their fellow citizens, the men,
women and children of the country.
on single aspect of our system of
Government which is more times mis-
represented and misstated than any
other single fundamental Of American
constitutionalism 1t is to define
accurately and truthfully the words
majority rule"
Majority Rule.
The Constitution does not leave
the question in doubt 1t does not
leave it open to Interpretation by the
courts or by President or by Con-
gress. What is majority rule" when
a constitutional question is UP for
consideration?
First of all. the Constitution says
there must be not just 81 per cent
of both Houses of Congress il agree
ment on proposition but it must
be 66 2-3 per cent of both Houses.
Also the same proposal must be sub
mitted to the people to be voted on
either by the Legislatures or by con-
ventions to which the people in an
election send delegates.
The Constitution does not say that
only 81 per cent of the States constr
tute majority. On the contrary, The
Constitution specifies rs per cent or
three-fourths of the States.
Many uniformed people think that
81 percent vote by Congress is ma
jority rule" and that because Congress
Is elected every two years, this is the
will Of the people" But that's fall
acy which can be disproved by read
ing and rereading of the Constitution
Itself. There is basic difference be-
tween the Legislative will and "the
constitutional wil1' of the people.
Special Process Set Up
In the one instance, the Congress
passes laws within the limits set by
the Constitution itself. In the other
instance, Congress and the people join
together in voting on specific changes
to be made in the limits of the Con-
stftution. This charter-the Constitu-
tion-is the original contract between
the States. which can be changed only
in the way specified and not by presi-
dental will or by elections for indi-
vidual candidates. Elections for con-
stitutional changes are not mixed with
persons or their ambitions. The con-
stitutional change process was espe-
cially set apart to keep it free from
personalities and to concentrate it in
stead on principles.
The New Dealers, including Presi-
dent Roosevelt, have been by public
speeches and statements endeavoring
to cultivate the idea that elections
such as were held for Congress in 1884
or for the presidency in 1885 gave a
mandate" to do as the New Deal
pleased about constitutional change.
The favorite New Deal argument to-
day is that the Supreme Court
''usurps" power in refusing to hold
valid various laws passed by Congress.
Never nowadays is the Court criticised
by the New Deal for stretching the
powers of Congress in upholding the
New Deal acts. The Supreme Court
was established by the Constitution
Itself and the trainers bestowed on t
"the judicial power" and in 1889 in
interpreting that phrase Congress
passed law which recognized the
Supreme Courts right to pass on the
validity of all treaties, all acts of Con-
Rress and all State laws if they con-
f1icted with each other.
Foe OF Usurpers
Wne,, the Surname (o,,rt raf.,eo, -
accept as constitutional a particular
act Of Congress the court is not usurp-
ing power at all but defending the
people against usurpation by Con-
gress. Every time an act of Congress is
declared invalid, it is the same thing
as if the Supreme Court had said: We
refuse to subtract from the rights OF
the people. If the people want to give
up rights guaranteed them by the Con-
stitution and wish to delegate those
rights either to the Congress or to
the State governments as an additional
power Of government, let the people
say so in the manner provided in the
Constitution itself"
This is true liberalism--to let the
people rule and to let the people de-
eide by referendum vote II is not true
liberalism but toryism and fascism tc
let Congress usurp the fundamental
charter rights of the people. George
Washington foreSaw the possibility
After eight years in the presidency
when he wrote his famous farewell
address and renounced a third term
he said:
IF in the opinion of the people, tht
distribution or modification of tn.
constitutional powers be in any par
ticular wrong, let it be corrected b,
an amendment in the way which tn,
Constitution designates.
But let there be no change b,
usurpation for though this, in on