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a ne ante eat eral adele te. te Le SRS pe ~ae é RESOLUTION (Introduced by Rome G. Brown and adopted at the Annual Moee- ing of the Hennepin County Bar Association, held at Minneapolis, Minnesota, on Friday, June 30, 1922). WHEREAS a proposition is being urged upon the people of the United States to pass an amendment to the Federal Constitu- tion, under the terms of which the courts shall be deprived of their power finally to decide as to the constittionality of legis lative enactments, by giving to the Congress the power to annul or veto any decision of the Federal Supreme Court declaring a fed- era] statute nnconstitutional, or by making any such judicial de- cision subject to recall by legislative or popular referendum; nullify the eafeguards of our Constitutions] Government for the protection of the righta.of the individual ang of minorities against encroachment and oppression by the whig: of majorities, and would lead to a goverument by the tempogary whim of legisla- tive or popular prejudice and to inconsistency, inequality and discrimination in the application and enforcegnent of constitutional safeguards, and thereby be subversive of opr Constitutional De- mocracy}; AND WHEREAS such amendment would be contrary to the fundamental theory of our Constitutional Government, a9 urged by Hamilton, when he said: “There is no liberty where the power of judging be not separate from the legislative and executive power"; and as stated by Washington, when, urging respect for the judicial power to enforce constitutional limitations, he said: “The constitution which at any time existe, till changed by the explicit and authentic act of the whole people, is sacredly obligatory upon all”;