CRITICISING THE SUPREME COURT.
By W. N. G.
THERE is a quite general opinion extant that the U. S. Supreme Court is above criticism, that its decision, or even its dictum, should be regarded as final. When Abraham Lincoln appealed to the people from the famous Dred Scott decision, the Democrats called it treason. When Wm. J. Bryan talked of appealing to the people from the Income Tax decision, the Republicans called it treason. When that court’s declaration that “this is a Christian nation” was criticised, certain church people declared such criticism treasonable. But Justice Brewer, a member of that court, who formulated the opinion of the court in two decisions that have been widely-criticised, has spoken on the subject of such criticism in a manner that deserves commendation. In a recent public address he is accredited with the following utterance:— “It is a mistake to suppose that the Supreme Court is either honored or helped by being spoken of as beyond criticism. On the contrary, the life and character of its justices should be the objects of constant watchfulness by all and its judgments subject to the freest criticism. The time is past in the history of the world when any living man or body of men can be set on a pedestal and decorated with a halo. True, many criticisms may be, like the authors, devoid of good taste, but better all sorts of criticisms than no criticisms at all. The moving waters are full of life and health; only in the still waters are stagnation and death.” Of course no one is justified in criticising any man or any body of men merely for the purpose of finding fault or creating distrust; and we are specially warned against speaking evil of dignities. 2 Peter 2: 10; Jude 8. But to expose the error of any principle enunciated, no matter by whom, is a different thing. All men are fallible, no matter how good their intentions, or how exalted their positions. That Supreme Court decisions are not infallible is evidenced in the fact that they are sometimes reversed by the court itself, and frequently there is positive dissent by members of the court. It is a great mistake, although a very common one, to suppose that the judicial arm of the United States Government is above the legislative or executive branches; it is simply co-ordinate with them. Each has its function, and in certain ways is a check upon the others. If either branch were above the others, that branch would be virtually the government—practically a dictator body. Truth is truth, regardless of adverse opinion, or however vindictively assailed; it is only error that is weakened by exposure. The gold and silver are made purer and brighter by the fire; only the dross is burned. W. N. G.