Montana labor news., 1937-06-17
SPEECH OF WILLIAM
F. dunno, JUNE 10TH
Continued from Page y

thereby would bring about a new
relation of forces within the Ameri-
can governmental system.
Thus it comes about that a minor
reform of the judicial system, which
n a time of less social strain and
struggle would pass with little at
tention, at this moment becomes the
center Of political crisis that de-
mands the attention of the whole
world. Thus it is that a simple judi
cial reform becomes the storm CEN
ter of a constitutional crisis in the
most powerful capitalist country in
the world.
A clear understanding of the con-
stitutional crisis requires that we re-
view briefly the structure and his
tory Of the governmental system that
arose upon the basis of the .Consti-
tuition of 1887. The central or Fed
eral'' government is a federation of
sovereign states (now AZ in number).
To the individual states is reserved
all governmental powers not ex-
pressly granted by the Constitution
to the Federal government. The
Federal government of limited pow
ers is itself composed of three 0
ordinate branches. These three CO.
ordinate branches are the executive,
the legislative and the judicial
Executive powers are concentrated
in the hands of the President, and
exercised by him directly and
through his cabinet. The President
appoints his cabinet with the agree
ment of the Senate; he is the COM
mander-in-chief of the armed forces;
he conducts foreign affairs through
his Secretary of State, and negoti-
ates treaties with the agreement of
the Senate; he may guide legislation
through his reports and messages to
Congress; he names the judges of
the Supreme Court to fill vacancies
with the agreement of the Senate;
he is charged with the execution of
the laws and policies of the Federal
government as laid down by acts of
Congress which become law when
approved by his signature or when
passed over his veto by a two-thirds
vote of both houses of Congress.
The legislative power is vested in
Congress of two houses, the House
of Representatives and the Senate,
with concurrent powers. Represent
atives are elected every two years
by the states in proportion to their
population, and now number some
435. The Senate has two members
from each state, regardless of size, a
total of SO, elected for six years, with
one-third to be chosen every two
years. A legislative act becomes
law when adopted by both houses
and approved by the President, or
when passed over by presidential
veto by a two-thirds majority of
both houses. The power to declare
war or to make peace is vested in
Congress meeting in joint session of
the two houses.
Judicial powers r vested in a
Supreme Court, provided in the
Constitution, and in such lower
courts as may be provided by act of
Congress. The number of its mem
bers is determined by Congress.
Judges are appointed by the Presi-
dent with the approval Of the Sen
ate, and hold office for life; once
appointed, they can be removed only
by impeachment by the Senate for
acts of moral turptitude, and convic-
ton after trial before a joint session
of both houses. The judiciary in
terprets the application of the law
to Individual cases, on application
of the executive Officers. of the gov
eminent or on appeal by Individual
citizens.
The relations between the AZ
states and the Federal government,
and between the three coordinate
and equal branches of the Federal
government, make up the famous
system of Checks and balances"
In the course of years, however,
by a gradual accumulation of prece-
dent, the Supreme Court assumed
powers that destroyed the theoreti-
cally equal balance" of the three
branches. By assuming the power
to determine whether Congress, in
adopting legislation, had acted with
in the powers granted to it by the
Constitution, and to cancel such leg
islation which it declared was not
so empowered, the Supreme Court
in fact became a superior legislative
organ, over and above the elected
bodies of legislative and executive
branches-a supreme governing
power not elected by the people and
outside any constitutional means of
popular control or removal, holding
office for life.
All this makes up a very compli-
Gated structure of government. 1t
works without serious difficulty SO
long as the three branches of gov
eminent are in substantial agree
ment as to the boundaries of their
varied and overlapping powers and
as to the direction of policy to be
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