Evening star., 1937-04-03
HUGHES DEFENDED
BY DR.. WALSH
G. u. Vice President Cites
"MutiIation" of Text of
Court Comment.

A defense and explanation Of Chief
Justice Charles Evans Hughes now
famous remark that "the Constitu-
ton is what the judges say 1t Is"
was made by DR.. Edmund A. Walsh,
S. j., vice president Of Georgetown
University last night in his weekly
lecture on the Supreme Court
DR.. Walsh had declared that the
Supreme Court has an unacceptable
duty" Of Interpreting the constitu-
tionality Of enacted statutes and.
without power to nullify, it would be
no more than debating society"
"The Constitution cannot talk" the
Georgetown educator said. Il wish
1t could at present, for I suspect we
should hear much revealing commen-
tary.
"The voice OF the Constitution has
been committed to the judiciary, not
to the legislative or executive depart
ments Of government. Every attempt
to impersenate that voice is ventrilo-
quism, which Is usually booked as 4
vaudeville act not worthy Of the legiti-
mate stage.
Remark Often Misapplied.
Hence it follows that the law Is
what the judges say 1t u.s." he added.
THAT remark Of Chief Justice Hughes,
who was only repeating John Mar
shall, has frequently been distorted
and misapplied. 1t has recently been
invoked as flippant expression OF
arbitrary power residing in opinion
ated judges"
DR.. Walsh declares that the phrase
has gone the rounds among high
personAges who, hope, were unaware
OF the fragrant misuse OF truncated
and incomplete sentence, torn bleed
ing from the body Of its context and
mangled into an alleged criticism OF
the judicial function"
What the Chief Justice actually said
! in a speech at Elmira, May 3. 1907,
when Governor Of New York, was
quoted as:
Il have the highest regard for the
| courts. My whole life has been spent
in work conditioned upon respect for
| the courts. I reckon him one OF the
worst enemies of the community who
will talk lightly of the dignity OF
| the bench. We are under 4 Constl-
tuition, but the Constitution is what
the Judges say it Is, and the judiciary
Is the safeguard of our liberty and
| OF our property under the Consti-
sutton. I do not want to see any direct
assault upon the courts nor do l
want to see any indirect assault upon
the courts"
Cites Deceptive CensOring.
BY putting a period after the cita-
ton where none was before. Or.
Walsh said, an entirely deceptive
Interpretation is given Of Chief JUS
tice Hughes argument
The frequent use made OF the
mutilated text, he said, has done
much to lessen public confidence in
the reasons alleged in support OF
the present proposals to remake the
judiciary In more recognized image
and likeness"
While the Supreme Court Is not
at liberty to surrender or waive the
"inescapable obligation" imposed upon
it by the Constitution. DR.. Walsh
said, cit has no mandate to inquire
into the motives. good or bad, under
lying an act of Congress.
Both the knowledge and the good
faith Of legislators must be assumed
and their intentions are not open to
investigation by the court" he re-
minded. Nor can the wisdom or the
expediency of congressional enact
ments be questioned by the Supreme
Court = = Remedy for unsound legis-
lation lies in the Legislature, not with
| the court"
Or. Walsh will speak again next
Friday evening in Memorial Cont
mental Hall.