Montana labor news., 1937-04-08

ton.
A remoulding of the doctrine of
judicial supremacy to restore the
balance of power among the three
coordinate branches of government
will be a return to rather than a
departure from fundamental consti-
tutional principles. The Supreme
Court like the congress should reign
under and not over the constitution.
l believe in a government of laws
and not of men. But when the val
idity of our laws depends upon the
whim and caprice of five out of nine
fallible men, when a majority of the
court is accused by Justice Stone,
joined by other minority members
equally devoted to the constitution,
of adopting "a tortured construction
of the constitution" of reading their
own personal economic predilec-
ton into the fundamental law of
the land, government by the judi
ciary becomes government of men
and not of laws.
A beautiful and historic example
is what happened to minimum wage
legislation. It has been before the
court three times. On the basis of
the recorded votes of the Individual
justices there have been seven who
voted in favor of its constitutionality
and six against its constitutionality
Yet the legislation was invalidated
simply because a bare majority of
the particular set of justices who
happened to be on the court at the
time was opposed to that kind of leg
islation. Congress wanted it; the
people wanted it; seven out Of thir-
teen justices wanted it. But the
other six did not. So the law went
into the ash can. If that is not
government by men I would like to
know what is.
H~ ~ 0s n . RAANA
Even the Republican party refused
to defend such a.flagrant act of judi
cial usurpation. Ten days after the
Supreme Courts decision arbitrarily
brushed aside the New York mini
mum wage act for women, the Re
publican party solemnly pledged it
self to support the state minimum
wage legislation for women and
solemnly recorded its belief that
such legislation is within the consti-
tuition as it now stands. This is one
more public recognition of the fact
that our constitution is what the JUS
tees choose to make it.
Thus it is not the constitution but
the decisions of a majority Of the
justices which stand in the way of
necessary legislation regarding labor,
agriculture, finance, and the conser-
walton Of u human and material
resources.
Congress, no less than the court,
is charged with the duty of protect
ing and defending the constitution.
If it is the judgment Of the congress
that powers should be given to the
congress not already conferred upon
it, the congress must seek those pow
ers by amendment. But if in the
solemn judgment of the congress
those powers are already vested in
it, by the constitution it is the con-
stitutional duty of the congress, as
a coordinate and independent branch
of the government, to take such steps
as may be within its competence to
exercise those powers. Congress can
not disturb a decision of the Su-
preme Court in a particular case,
but congress is not bound to submit
to interpretations Of the constitution
which deny to congress its constitu-
tional rights.
The Founding Fathers provided
checks upon the executive and
checks upon the congress, and it can
not be assumed that the judiciary
was to be free from all restraint.
Impeachment is not the sole check.