Evening star., 1937-09-17
A Government of Law.

the Constitution was signed and given
life. During the century and a half in
tervening the American people have lived
a free people, enjoying the advantages
OF personal, political and religious lib
erty. great expositor of constitutional
government, Senator William E. Borah
OF Idaho, in nationally broadcast ad-
dress last night, referred to these con-
ditions as a modern miracle"
Senator Borah attributed the good
fortune of the American people not to
any special favor of Divine Providence,
but to "the fact that we have had Con-
stitution guaranteeing liberty and pro-
lection under the law to all and Su-
preme Court which for one hundred and
fifty years has never, when appealed to,
permitted that guarantee to be disre-
garded."
The corner stone of the Constitution
and of the American Government Sem
ator Borah found to be "a government
of law with independent tribunals OF
justice" The protection of the masses
and of minority groups is not safe under
any form Of government save govern
ment where the people through their
representatives make the laws and un-
controlled courts construe them"
Although the Idaho Senator made no
direct reference to recent attempts to
control the courts, it was clear to any
one that his statement was intended as
a criticism of these attempts and a
solemn warning to the American people
that they must be resisted if liberty is to
continue. If modern conditions require
changes in the Constitution, it is for the
people to amend that document and not
the part of elected officials, no matter
how high in Office, to change the funda-
mental law by indirection. That is sheer
usurpation. 1t can lead only to the re-
striction or even the death Of the liberty
of the people.
Senator Borah sounds refreshing note
of confidence In the American people to
manage their own affairs. He takes no
stock in the fears expressed by some
that the complex problems growing out
of modern industrial life cannot be dealt
with successfully through the slow NOV
ing machinery of constitutional govern
ment." He takes to task those who pro-
claim speed as essential and who aban-
don the orderly process of constitutional
amendment by the people in order to
achieve immediate ends. There seems
to me something decidedly un-American
in these doubts and fears touching the
inability of democracy to cope with the
problems of modern lne,' he said. THE
best illustration of this pessimistic po-
litical philosophy is the theory so often
advanced that personal liberty has be-
come incompatible with economic Sc
curity, that the time has come when If
the masses would make sure of shelter
and food they must surrender freedom"
The argument that the things to be
done in this modern world are so big
and numerous that they must be done
by government and the citizen must yield
up all discretion, all judgment and his
personal liberty, Senator Borah holds is
entirely faulty. IF that is true, of course,
we began wrong one hundred and fifty
years ago." he said. IF that is true,
Washington and Jefferson were wrong
and Mussolini and Hitler are right"
Fundamentally, Senator Borah main
tains, the Constitution as it stands at
any given time is sacred. Not sacred
from amendment by the people if and
when they desire change, but sacred from
any change made through the usurpa-
ton of power by any President and any
Congress without the consent of the
people. Fundamentally, there must be
an umpire to determine, as between the
people and the existing Government,
whether the bounds of the Constitution
are being transgressed. That umpire was
designed and set up by the trainers of
the Constitution, the Supreme Court of
the United States.
If it be necessary, the time is at hand
| for the American people to reconsecrate
| themselves to the cause of constitutional
| government, to government of law,
with the law interpreted by independent
tribunals of justice.