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Supreme Court — Part 28
Page 26
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TAs +
Ti most simple way to nip
these abuses in the bud would
be for the people to force the Tegis-
latures of their respective States to
exercise the right: the States re-
served in Article V of the Consti-
sotien, and require the Congress to
zall a convention for the purpose
of adopting Constitutional Amend-
ments along the following lines:
The first of these proposed
amendments replaces the uncon-
stitutional th without impairing
the rights of the States. The fact
that there are more decisions, few
of which have any reference to
Negroes, based on the so-<alled
14th Amendment than on any other,
indicates a need for a Lith Amend-
ment, As the arguments against the
14th and 15th Amendments are ir-
refutable, there is tittle doubt that
some future Supreme Court, made
ap of learned and impartial jus-
tices, will throw these Amend-
ments out. ft would, therefore, save
a jot of confusion to adept a cor-
rect amendment before the present
so-called Idth Amendment is in-
validated.
Thr AMEUCAN Mencuny
The sccond of these proposed
amendments would, by repealing
the 17th Amendment, return the
choosing of United States Senators
to the State legislatures. It was the
Founders’ plan that che members of
the House of Representatives were
to represent the people. The Sena-
tors were to represent the States.
No harm could come from a pro-
vision that would allow the people
to veto an unpopular choice. Such
a veto provision would have prob-
ably eliminated the Lorimer Case,
which caused the adopuon of the
17th Amendment.
The third proposed amendment
is intended to overcome the objec-
tions of that greatest of statesmen,
Thomas Jefferson. This plan pro-
vides for the United States Senate
to select ten of the 11 Supreme
Court Judges for rotated terms of
ten years, with the legislatures of
the States, in each judicial circuit,
holding the veto power. It also re-
quires that the Supreme Court
Judges have ample experience, rep-
resent all sections of the Nation,
and be, as the President, native born.
See page 97, this tssue
Security is mostly a superstition. It does not exist in nature, Nor do the
children of men as a whole experience it. Avoiding danger is no safer in
the long run than outright exposure. Life is either a daring adventure, or
nothing. Serious harm, T am afraid, has been wrought to our generation
by fostering the idea that they would live secure in a permanent order
of things. They have expected stability and find none within themselves
or in their universe. Before it is too late they must learn and teach others
that only by brave acceptance of change and alltime crisis-cthics can they
rise to the height of superlative responsibility-—Heten Kenrer
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