long list of, priority legisla
and the prospects of summer
adjournment make it improbable
that Congress will now delve much
into new fields. Yet, the June 15th
Supreme Court decisions on State
legislative ^apportionment and
their wide departure from preced
ent have virtually assured a next
year congressional probe into the
grave issue involved. Simply stated
it raises the question of the proper
role of the Supreme Court.
The feeling on the part of Con
gress is that the Supreme Court
has been going beyond its alloted
domain. This feeling goes beyond
unreasoned and personal attacks,
it goes to the real issue over
functioning of constitutional
decisions with far
- —„ -:ts upon all of the
States have already brought some
55 resolutions in Congress to amend
the Constitution to p e r m|i t the
States to apportion the less num
erous branch of their State legis
latures on factors other than pop
ulation.
The court decree ordered both
branches of State legislatures to
adhere to its . majority opinion re
quiring apportionment on the bas
is of "one man, one vtoe”. This
comes in the aftermath of other
criticisms arising over the decisions
banning prayer and Bible readings
in the public schools which have
caused 147 members of Congress
to introduce bills to overrule those
court opinions.
In times past, the Supreme Court
exercised judicial restraint and bas
ed its decisions on limited grounds
within the confines of constitutional
law charted by previous rulings and
the intent of the Founding Fathers.
The legislative process and its right
of constitutional amendment was
preserved for board remedies to
deal 'with social, economic, and po
litical problems.
In recent years, however, the Su
preme Court has sough to inject
itself more and more into the areas
long held to be within the province
of the states or the people, or
within the jurisdiction of the leg
islative bodies. This is a departure
from the cardinal rule that the fed
eral system works best under phil
osophy of judicial self-restraint, i
For most of our nation’s history,
one of the great bulwarks of our
system of government has been the
intrciat: system of checks and bal
ances between the states, the fed
eral government, and the people,
on the one lihnd, and between the
ex"cutivc, legislative, and judicial
branches of the federal government,
on the other hand. Impairment of
this system of checks and balances
has always been a matter of the
utmost concern. It is for this reas
on, I think, that there is now cause
for anxiety, _1
The danger to the nation lies
in the fact that broad and en
compassing judicial edicts are not
f founded on the refinements of leg
islative debate and court laws are
therefore not hagimered out by\and
with the concent'of the governed,
fteforms which these decisions at
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