Milford chronicle., 1940-10-18

God as he sees fit or deny to the
most lowly his right to appear in
courts of justice surrounded by all
the safeguards Of constitutional lib
erty.
In the stress and strain Of pres
ent conditions, the American citizen
of reflection will pause long before
he permits the abandonment of the
limitations and safeguards of his
Constitution and the substitution in
their stead Of the changing rule Of
congressional majority with its
passions and its greeds. with its pre-
judices and its creeds, to become
the supreme law of the land at the
/ dictation of an alien radicalism, the
/ tendency and effect of whose eco
nomic theories are communistic, and
whose policies of governmental ac-
tiOn are not only confiscat0ry and
fatal TO individualism, but destruc-
dive % the traditions and, ideals
that have made western. civilization
the hope of world progress and Am
erica it's ultimate realization.
This short survey Of mans aspira-
tion for individual liberty and group
order under the rule of constitution
al law and its ultimate and finest
realization in our Constitution is
made only to bring in clearer out
line five perils that now threaten its
continuance. The first of these per-
lis is constitutional change of in
depreciation so fundamental as to
suggest to the minds of some, a
revolution. The second peril is an
actual revolutionary change in ira
ditional political thought and action.
The third peril is a tendency towards
communism, and the fourth of the
regimentation Of industry. which if
unchecked must destroy not only
constitutional government but stay
the progress of western economy.
and the fifth peril is the breakdown
Of q tradition which makes inevit-
able the transition of representative
democracy to a dictatorship.
I.
When the Senate in 1886 refused
to accept President Roosevelt's as
sumption of the peoples mandate to
change their Constitution by mere
executive approval of the action of
a bare congressional majority. the
President met this challenge by his
declared purpose to seek at the con-
gressional elections their explicit
mandate to change the personnel Of
the Supreme Court. The timely re-
signations of three justices alone
prevented what would have been a |
deplorable perversion of power un-
der the Constitution. for the people |
in 1896 had decided the issue most
vital to their supremacy. against
themselves.
The full import of the Presidents
temporary defeat, his later challenge
and the manner and flnality Of his |
ultimate victory should be pondered,
for such authority in the brute pow
er Of a group may be exercised only
against the fundamental spirit of the |
Constitution: That 1t shall be modi-
fed or amended only by the will OF
the people, and then only in the
manner explicitly provided by the
Constitution itself. No mere con-
gressionaI majority and executive
action were ever intended to amend
the fundamental law of the land.
It's purpose was not to destroy an
department of govern
ment. nor to procure ratification of
social and economic
plan through the appointment of
new judges whose minds and con-
victions reflect the executive will,
or through the coercion Of the
minds and wills OF sitting judges
whose only offense is to differ with
an executives conception of the
Of the Constitution.
When the Congress, at the re-
quest Of the President, creates new
Judges or. in event of death or re-
judges are appointed for
he declared purpose of sustaining
Is constitutional legislation similar
% that which the Supreme Court
heretofore IN proper discharge Of its
functions had stricken down as un-
constitutional, then the statutory in
;rease In the number of judges or
he appointment of partisan judges
committed to the determined social
economy Of a purposive group, and
heir change IN the meaning Of the
gords OF the Constitution, is not in