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Supreme Court — Part 26
Page 19
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"4.-I
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the Court should consider questions of policy. He did not say that the Court
should consider questions or policy in
all cases.
Now it happens that the
case of Mara
v.
Madison
was tried without a Jury;
and, therefore,
naturally,
the Court
was allowed
a much
wider latitude
than it
would have
been if
this
had been
a jury
case.
.
The genius
of the
Constitution is
that
it does
not provide
for
a
final arbiter;
it does
provide for
checks and
balances which
may be used by
the
different
branches of
the Government,
one against
the other,
to guard
against
or to
repel encroachments.
It is
this very
system of
uneasy balances
which
gives the
citizen his
best guarantee
that his
rights
will
continue
to be
observed. For
oce all
power is
put in
a single
place, so
surely as
"power
corrupts and
absolute power
corrupts absolutely"
the individual
rights of
citizens are
doomed from
that day
on.
at
the
top or page 3 or his report, the
Attorney General
says:
"This type of legislation threatens the independence of the Judiciary."
That statement
simply is
not so.
This bill
does not
threaten
the independence
of the
Judiciary, and
it does
not threaten
our system
of
checks and
balances. What
it does
threaten is
the imbalance
which has
been
created by
decisions of
the Supreme
Court in
recent years.
It threatens
the
power to
legislate
which
the
Supreme Court
has arrogated
to itself
during
those years.
It threatens
the status
quo, the
situation
which
favors
the
growth of
big central
government and the decline
and decay of States'.Rights.
There are
a great
many people in this
country today
who favor
that status
quo, tho want to see it preserved,
and we
must
now assume the
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