Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-03-11

TEE statement of Robert H. Jack
son, Assistant Attorney Gen.
eral, delivered today before the
Il Senate Judiciary Committee,
follows, in part:
l.. A responsibility for the proper func-
tioning of the Supreme Court has
been placed by the Constitution upon
Congress.
When a situation exists in the Su-
prerle Court which the President feels
he cannot continue to ignore, it is to
the Congress that he may properly
bring the problem.
The responsibility upon Congress for
seeing that the American people have
workable, harmonious and Corpora
looked by those engaged in building
up the tradition of judicial supremacy
that the burden OF constitutional re-
sponsibility on Congress deserves ex-
animation.
A sentiment has developed that sole
responsibility for the functioning Of
Of the Supreme Court as an institution
is upon the justices, and that their
independence requires that majority
of them be let alone to shape the in
stitution as they will. In short, it is
urged that the court belongs exclu-
sively to the justices and that the
President and the Congress must keep
| hands off.
The fact is that the Supreme Court
cannot function without the periodic
aid of Congress and that Congress, by
its inactivity, may be assuming re-
sponsibilities for the Supreme Court
acts as great as any responsibility
it may assume by exerting its power.
The Constitution leaves with Con-
gress and the Executive the whole
responsibility for the personnel of the
court. The Senate must share re-
sponsibility for the selection of the
justices and is the sole judge of their
good behavior The court is with
out means to house itself or to obtain
its clerks, secretaries and marshals
unless the House of Representatives
takes the responsibility Of initiating
appropriations for the purpose The
House of Representatives is the only
accuser to which the justices must
| answer. Moreover the court is power
less to make its decisions effective
unless Congress or the Executive pro-
vides for carrying out its judgments
and DEGREES.
Moreover the Jurisdiction of the
court, except as to cases affecting
foreign representatives and states, is
left to Congress to decide.
This power to reduce the Supreme
Court to mere phantom court was
not an accident. Our forbears knew
the story Of judicial abuse and tyrrany
as we'll as the story of legislative and
executive abuses. These checks ano
balances were therefore embodied in
the Constitution to enable Congress te
check judicial abuses and usurpations
If the same should occur. II there are
abuses in the court. with which I will
deal later, their continuance can only
be due to default in the exercise OF
checks and balances placed in the
Vi SollslCSS dllO LIE EXECUTIVE
Congress Power Overlooked.
The power of Congress to exercise
checks against the overreaching Of the
court is so generally overlooked OF
mlnlmized that the alternatives that
faced the Constitution writers deserve
examination in detail.
l. The Constitution might have
made the Supreme Court the sole Gus
todian Of judicial power. 1t did not
The judicial power is vested in the
Supreme Court and in such inferio,
courts as the Congress may from time
10 time ordain and establish"
2. The Constitution might have de
termned, or left to the Supreme Cour
to fix, its own jurisdiction. 1t did not
1t has only limited original jurisdlc
tlon and except in cases affecting
Ambassadors, Ministers and Consul
and those in which a State shall b
party, the Supreme Court ha
appellate Jurisdiction only with sucl
exceptions and under such regulation
as the Congress shall make"
5. The Constitution might have fixe,
the size of the Supreme Court or lief
the court to determine its own size
but the Constitution deliberately lief
the number of justices to be fixed
from time to time, by Congress.
4. The Constitution might hav
named the original members of tn
court or might have given the cour
power to fill its own vacancies. 1t di'
not. The Constitution placed the con
~tlnuing power of appointment in tn
President and in the Senate.
5. The Constitution left the amour
OF compensation Of the justices entire
ly to Congress, with no restriction ex
cept in the provision that whateve
compensation Congress may once CIV
them shall not be diminished durinl
their continuance in ONCE.
6. The Constitution could have pro
vided some source of revenue for tn
court, its justices, marshal, clerk ant
appolntees. But it leaves it entirel
to appropriations to be initiated il
the House of Representatives.
7. The Constitution could have au
thorized the court itself to appoin
the personnel necessary to execut,
and enforce court DEGREES. But i
did not. For the enforcement Of tn,
courts DEGREES, the Congress and tn,
executive branch of the Government
must be relied upon
8. The Constitution could hav,
given the court the power to Judge tn,
conduct of its own members. Tn,
power to judge the qualifications an,
to discipline its own members wa
given to each house of Congress. Blu
the Supreme Court was entrusted will
no such power to either accuse O.
judge It's members Impeachment
can be only by the House and tria
by the Senate.