The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1937-03-31
FAvoRs ENLARGINC
SUPREME COURT

Editor, The Citizen:
Anent the quotation in This
Citizen yesterday as follows Gas
well as previous comments on the
Supreme Court question::
Our coerts are the balance
wheel Of our whole constitutional
system; and ours is the 0nly con-
stitutional system so balanced and
controlled. Other constitutional
systems lack complete poise and
certainty of operation because
they lack the support and inter
probation of authoritative, indis-
putable courts of law.
'sThe constitutional powers of
the courts constitute the ultimate
safeguard alike Of individual priv
ilege and governmental preroga-
tive. 1t is in this sense that our
judiciary is the ba'ance-wheel Of
our entire system; it is meant to
maintain that nice adjustment be-
tween individual rights and gov
ernmental powers which eonsti-
tutes political liberty.
WOODROW WILSON,
''in Constitutional Government, in
I the United States
&C. Columbia University Press"
VIII you please publish the fol-
lowing. which may also be of in.
telest to your readers:
Sometimes the question Of the
sconstitutionality of a legislative
act is very close one, depending
upon the Interpretation of com
nlex social and economic facts,
where reasonable men may dis
agree widely in their conclusions.
The legislature is charged in the
first instance with the duty of in
terpreting the constitution, of de.
Gliding what it permits, and what,
within the limits of permissible &C
ton, is politically expedient. The
legislature is chosen so as to rep.
resent wide constituency and
many shades of political and social
opinion. When it has decided upon
a course of action and embodied
it in a statute, perhaps of doubt
full constitutionality, what should
be the attitude of the courts?
Suppose, for instance, that the
legislature has passed an act max
ing eight hours a days labor in a
mine, or has forbidden the pay
ment of wages to employees by
store orders. On the one hand
the legislature is forbidden to de-
prive a man arbitrarily of his
right to work and contract as he
thinks best, but, on the other
hand, it is the duty of the legis-
lature to guard the welfare of the
community even against the i'm
provident acts and contracts OF
individuals. 1t may well be that
a large number of thinking per-
sons in the community feel that
eight hours work underground
daily is all that average human
health can stand, and that there
are abuses connected with the pay
ment of wages in store orders that
can only be remedied by the abo.i-
ton of the practice. An equal
number of competent persons may
perhaps disagree with either OF
these positions, on equally rea,
sonable grounds.
''If the constitutionality OF. the
act is to be decided according 10
the individual social or economic
views of the judges, then newt
ably their opinions rather than
those of the legislature will be en-
forced; and if the question is one
of any Importance the same, polit-
ical influences that created the
Legislative majority in favor of the
statute will seek to create a jill
diaial majority in the court in
favor of it, and judges will be
chosen on account of their social
and economic views, rather than
on account of their legal ability.
These undesirable results can only
be avoided by the courts taking
the position that legislative acts
are valid if they may reasonably
be thought to be constitutional
even though the judges as individ-
uals may hold opinions contrary
to the legislature. A settlement OF
such reasonable differences OF
opinion is exactly what a legisla-
ture is for, and it is no part of this
judicial function to enforce one
reasonable view rather than an
other reasonable one that con-
flicts wit, it.
'It is commonly deemed by
courts, therefore, that they are
not to declare laws unconstitu-
tional unless the matter is clear
In Pennsylvania, for instance, il
has been said: For weighty rea
sons it has been assumed as &
principle in constitutional con
struction by the Supreme Court OF
the United States, by this court
and every other court of reputa.
ton and influence, that an act Of
the legislature is not to be de