Evening star., 1937-02-15
Liberty Needs Safeguards
independence of Court to Political Pressure Held
Vital to Democracy.

not like their decisions. The charge
Is that they are old fogies, false to
the true spirit Of the Constitution.
The implication is that Chief Justice
Hughes does not understand the let
ter and spirit of the Constitution.
Who then does?
The President must reorganize the
Supreme Court. 1t is said, because it
is not in tune with the times. He
must reorganize it because, they say,
the Constitution prevents much So
cial legislation which the people of
this country have demanded by over
whelming vote. He must reorganize
it because it blocks the democratic
process. These are the noblest argu-
ments that can be advanced for the
procedure. And they must be met.
But there are established ways for
meeting them. BY open covenants,
openly arrived at.
Two Answers, One by Webster.
The arguments we're answered once
by Daniel Webster and in more recent
years by Justice Brandeis.
Said Webster: 1T Is hardly too
strong to say that the Constitution
was made to guard the people against
the dangers of good intentions, real
or pretended. There are men
in all ages who mean to exercise
power usefully-but who mean to ex-
ercise it. They mean to govern well,
but they mean to govern. They prom
ise to be kind masters, but they mean
to be masters"
And said Justice Brandeis: Expert
ence should teach us TO be most on
guard to protest liberty when pur-
poses of government are beneficent.
Men born to freedom are naturally
alert to repel invasion of their liberty
by evilminded persons. The greatest
dangers to liberty lurk in insidious
encroachment by men of zeal, WELL
meaning, but without understanding.
Oh, yes, there is fear abroad. The
fear was first engendered by the
method of launching this proposal,
without consultation, even with the
cabinet, its essential purposes care
fully masked. There is fear because
the proposal bellies the Presidents
own attitude during the campaign,
his promise to seek Legislation with
in the Constitution" and If that were
impossible to seek clarifying amend
ment''
IndirectfOn for Direction.
There is fear because indirection Is
substituted for direction. Because
instead of clarifying amendment,
what is sought is blanket power, rest
ing upon the choice of personalities.
For this method must rest upon such
choice. Otherwise it is utterly sense
less and will accomplish nothing.
The President must know that the
men appointed share his personal
views regarding the Constitution, and
are, therefore, to all intentS and pur-
poses, part of the administration.
And that is the end Of independent
justice.
There is fear because many Of us
know that men in Washington, in
positions of influence, are not speak
ing their true minds. There are men
in the Presidents cabinet torn today
between loyalty to their chief and
loyalty to their conscience. There
are men in Congress disturbed at
heart, wondering whether they should
speak their reservations or continue
to trust
The greatest change we have wit
messed has been the change in the
moral estimate of America" said the
President in his second inaugural ad-
dress. Today millions pray to our
President that those words shall not
be written sardonically in our his
tory. Seek a clarifying amendment,
Mr.. President! Thousands of us
whose faces are against you in this
moment will rally to your support.
tCopyright. 1872