Tom Watson's Magazine, Vol. I, No. 3, May 1905Various
History
Tom Watson's Magazine, Vol. I, No. 3, May 1905
Various
United States -- Politics and government -- Periodicals
The Supreme Court is the creature of the Presidents and is subject to
the direction of Congress, yet it has arrogated to itself the power of
overriding the will of the entire people as recorded by its Congress
and affirmed by its chief executive. If they are doing this without
warrant of the Constitution, the day will come when, in the inevitable
conflict between the court and the Congress or the President, or both
combined, there will be precipitated a question which will rend the
country with civil war. If they do this under the implied authority of
the Constitution, that document should be amended so as to preclude
their future interference with laws passed by Congress and signed by the
President.
As we exist today we are not a republic or a democracy, neither have we
a representative form of government. We are a “judiciary”—if one may
coin such a word. Ours is the only country on earth where an elective
or appointed judge presumes to wield the most autocratic power of the
absolute monarch, viz., the veto of a law passed and demanded by the
people. We have become so accustomed to this that we do not properly
realize what it means. We teach ourselves to acknowledge the “sacredness
of the judiciary” and to bow in humble contrition to any mandate
thundered from the Bench. We assent to the insane doctrine that there is
not enough of wisdom in a House of Representatives elected by 17,000,000
voters, combined with the check of an ultra-conservative Senate chosen
by forty-five state legislatures, and indorsed by the judgment and
responsibility of a President, to incorporate for our government a law
until such law has been affirmed by the majority of a Supreme Court.
If there be sense in this dogma, I am unable to see why it is not equally
just that a minority of the Supreme Court should not be empowered to
annul laws. Why does the Supreme Court cling to the inconsistent theory
that its majority possesses as much wisdom as its minority?
In a series of articles which I am now preparing, I am attempting to
discuss certain of these questions with as much frankness as I possess;
but the purpose of this paper, and the one which preceded it, is to
call attention to “the unopened door in the Constitution”—the one which
Washington repeatedly referred to in the passages from which I have
quoted. It is a difficult matter to arouse public attention to any single
amendment, no matter how important the subject may be. There is a reason
for this.
The people instinctively know that no one amendment can redress the
ills which now exist. They do not know how to go about a crusade for
constitutional reform, and most of them probably imagine that there is
no way in which it can be done. There is a way, a simple, practical
and legal way, and the political party which takes advantage of it and
conducts an intelligent campaign in its behalf will sweep all before it.
Public-domain text, read in full here on John Shaqi.
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