Evening star., 1937-02-02
The Paramount Issue.

Laying party politics aside, Senator
Borah addressed himself last night to a
defense of the Supreme Court Of the
United States and an independent
Judiciary. He was at once eloquent and
convincing. His speech was like
breath of fresh air, clearing away the
clouds with which the problem of the
court and what to do about it has. OF
late been surrounded. He put his finger
directly upon the issue. That issue is
whether there shall be usurpation OF
powers not granted by the Constitution
q usurpation by the court, by the Con-
gress or by the President. Only the
people of the United States, Senator
Borah said, have the right to grant
additional power, and from the people
there Is no appeal.
With this issue clearly in mind there
can be no doubt that If conditions grow
ing out of the complexity of modern
industrial life necessitate changes in
the Government, the only way these
changes can be made in this democracy
Of ours Is through amendment OF the
fundamental law, the Constitution. The
demand for change has come through
the President of the United States and
through many OF his supporters in Con-
gress and out. But so far the demand
has been that the change come through
more liberal Interpretation of the Con-
stitution by the Supreme Court. That,
In the opinion of Senator Borah, is not
enough, and furthermore it would be
plain usrpation of power without ref
crence to the people. Those who would
have the court give heed to the recent
election returns in making their deci-
sions on laws enacted by Congress are
far astray. The Constitution is open
to amendment, but only when the people
have spoken in the manner laid down
by the Constitution itself.
In incisive manner the Senator from
Idaho pointed to the conflict which has
existed for years, the conflict between
and the power of the States over the in
dividual affairs of the people. 1t is that
conflict which is at the base of the
struggle today, the struggle to compel
the highest court to heed mandate
which has been read into the national
election. If there Is need for a further
concentration of power In the hands of
the Federal Government, if there is
demand that the Federal Government
take over the powers which hitherto
have been reserved to the States, then
the people must decide. Their decision
must be made, however, in constitu-
tional way.
Senator Borah is great constitutional
lawyer. He is stout defender of the
courts and the independence of the
judiciary. He is convinced that only
through the maintenance of courts which
are unaffected by political power can
the people hope to retain their freedom.
With the passing of judicial independ-
ence will come the passing of liberty.
He would be the last to insist that the
court is infallible or that it cannot and
has not made mistakes. But the mis-
takes which would be made by court
be far more dangerous to the people.
With an even handed balance, Sen
ator Borah described the attacks which
have been made upon the Supreme Court
and its decisions by the Republicans and
Democrats alike, when they were in
power. His address was the more effec-
tive because he avoided party politics
in his defense of the court, which he
declared stands among the foremost
institutions of the world" He gravely
warned the people, however, that already
powers have been placed within the
hands of the Federal Government which
might be used with evil purpose to
destroy their rights. "We may not al
ways" he said, "have in power those
who use the powers OF Government in
the interest of the people"
The Idaho Senator pleaded for a full
discussion OF the court problem and the
problem of constitutional amendment
What is needed, he insisted, "is q uni
versal constitutional baptism" Too
much has been heard, so far, Of one
angle of the case, the demand that some
thing be done to place greater powers
within the grasp of the Federal Govern
ment. "If our institutions" he said,
"are not fitted to serve the tranquility
and welfare of our people under present
conditions, we surely should know it.
And I know of no way to arrive at the
truth of these things so well and so
effectively as general thorough debate"