The Farmville herald. (Farmville, Va.) 1957-current, 1958-08-26
Toward The Constitution

Fl those who believe sincerely in constitu-
tional government have had any mis-
giyings in taking "all appropriate measures
hpnorably. legally and eonsttutionally
available TO Us, TO resist this illegal en-
crcachment upon our sovereign powers,
the report of 4 subcommittee Of the Con
ference of Chief Justices viii be reassuring.
The committee on State Federal relation
ships. composed Of Chief Justices Of Mas
sathnsetts. New York State. Michigan, Wis
consin. Oregon. Minnesota and Maryland,
al from northern states. teamed with Chief
Justices Of Georgia. Texas and South Car
DINA, to point ont the usurpation of state
powers by the t. 5. Supreme Court in deci-
sions over the past p years Certainly JUS
tees from the northern states can not be
accused Of Southern bias They recognize
the Black Monday decision for what it is
and point to the important and underlying
principles Of our constitutional govern
nent which we have long believed to be at
stake The committee report was adopted
bF an overwhelming majority
he report reads in part:
I'VE are nov concerned specifically with the
effect Of judicial decisions the relations be
taeen the Federal government and the State GOV
elnnens, Here think that the overall tend
eneN Of decisions of the Supreme Court the
last - wears Or more las been t. press the
tension Of Federal power and press it rapidly.
There have been. course and still are very
considerable differences eiihin the court these
matters. and there has been quite recently grow
ing recognition Of the fact that Government
as still Federal Government and that tie historic
Lire which experience seems to Justify between
matters primarily of national concern and matters
primarily Of local should rot be hastily Of
lightly obliteraed A number Of Justices have re-
peatedly demonstrated their awareness Of prob
lens OF federalism amt their RECOGNITION that fed
erasn is still hyins part Of our system Of eov-
eminent
WE BELIEVE. THAT. in The fields with
which concerned and to which feel
entitled to speak. the Supreme Court often has
tended to adopt the role of policy maker without
proper judicial restraint We feel this lariicu
larry the in both of the great fields have
discussed namely the extent and extension Of the
Federal power and the supervision Of State action
by The Supreme Court by virtue d the Fourteenth
Amendment In the light d The immense power
Of the Supreme Court and IFS practical nonreAiew
ability in most Instances, To more important obi
cations rests upon e IN opr view than that of
careful moderation the exercise d IT'S policy
making role
We are not alone in or view that the court
in many eases arising under the Fourteenth
Amendment has assumed what seem to us pr-
marty legislative powers. See Judge Learned
Hand on the Bill Of Rights. We do not believe that
either the trainers of the original Constitution
the possibly somewhat less gifted craftsmen Of the
Fourteenth Amendment contemplated that
the Supreme Court would, should have the al
most unlimited policymaking powers which it now
exercises
IT is strange indeed 70 reflect that, under
Constitution which provides for system Of checks
and balances and of distribution of power between
national and State governments one branch Of one
government the Supreme Court should attain
the immense and in many respects, dominant
power which it yields
1T HAS LONG been an American boast that