Forthwith, in 1912, the proposition to submit all decisions
involving a question of constitutional law to a popular vote became an
issue in a presidential election. Only one step farther could be taken,
and that we see being taken all about us. Experience has shown, in New
York and elsewhere, that an election, even for a somewhat short term,
does not bring the judge so immediately under popular control that
decisions objectionable to the majority may not be made. Hence the
recall. The degradation of the judicial function can, in theory at
least, go no farther. Thus the state courts may be said already to be
prostrate, or likely shortly to become prostrate. The United States
courts alone remain, and, should there be a struggle between them and
Congress, the result can hardly be doubted. An event has recently
occurred abroad which we may do well to ponder.
Among European nations England has long represented intelligent
conservatism, and at the heart of her conservatism lay the House of
Lords. Through many centuries; and under many vicissitudes this ancient
chamber had performed functions of the highest moment, until of late it
had come to occupy a position not dissimilar to that which the Supreme
Court of the United States yet holds.
Pages:
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137