Imperial Valley press., 1941-06-13
INDEPENDENT
IMPARTIAL
and
INDIVIDUAL
A NEW TYPE OF
CONSTITUTIONAL LAW

LAW
President Roosevelt's United States
Supreme Court appointments are good
or bad, according to the viewpoint
If you consider the ability and intel
| ligence of the men he has appointed,
they are good. If you adopt the old
fashioned viewpoint that the supreme
courts only job should be to interpret
the laws of the land to carry out the
wishes of congress in keeping with the
constitution, they are bad.
Harlan Fiske Stone, newly elevated to
the position of chief justice, is undouot-
edly a very able man. and one of great
Intelligence. Some of the decisions ne
wrote while associate justice are famous
in the annals of constitutional law. Ihere
has never been the slightest question OF
his devotion to high ideals.
Robert H. Jackson and Francis ByrneS,
newly appointed associate Justices, are OF
the same caibre. Jackson, an attorney
general. has won the applause OF great
majority of the American people by ms
antitrust activities and, more lately, by
his denunciation of Communists IN de-
tense industries Byrnes, by his strong
character and ability of leadership, has
established himself as one OF the tore
most members of the United States SEN
ate You may not agree with his phllos-
onhias hut YOU must admire the traits
which have made him foremost among
his fellow senators.
And so il has been with the other four
men appointed by President Roosevelt
from time to time when vacancies occur
red in the supreme court. All OF them
have been men of high character.
Yet, admire them as you may, 1t IS an
undeniabe fact that all of the seven men
| school of, thought new to the history OF
the supreme court. The constitution IS
no longer the guidepost which directs
their decisions. Constitutional law
under the new supreme court, has become
little more than an empty phrase. Decl-
sions are made now under strict New
Deal philosophy-the same philosophy
which not so long ago described the con-
stitution itself as a 'horse and buggy
vehicle.
The supreme court as it is now consul
tuted is made up almost entirely OF men
who few years ago applauded the fres-
ident's suggestion, on an hlstorlc ocGa-
sion. that the constitution should be as
regarded in consideration of a Dill ne
wanted enacted into law.
WHERE THE DANGER is;
AND THE ANTIDOTE
The makeup of the supreme court To-
dav virtually eliminates one of the checKS
and balances incorporated in the original
nlan for the American form of govern
ment There were the legislative, the
executive and the judiciary branches,
each supposed to act as check against
the other. Today we have the executive
and the judiciary practically merged.
The only check is the legislative.
The danger lies in the opportunity Tor
the executive branch to exercise two We
toes on congress-one the constitutional
power of veto and if that fails, the other
the power to obtain a ruling from the
supreme court that the law in question
is Unconstitutional"
The antidote is a closer watch by the
people themselves on the activities OF
all three branches-eXecutive, judiciary
and legislative. Particularly can the pub
lie control the situation by making It's
wants and desires known to congress III
no uncertain language. Congress still
has the power TO refuse to pass law
and to amend or repeal existing laws
when it so desires.
If the checks and balances are to re-
main, the people must take an lncreas-
lv active interest in the things Of govern
ment.
If they don't, they may find congress
itself helpless.