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makers of their own Constitution, and where their agents differ in their interpretations of the Constitution the people themselves should be given the chance, after full and deliberate judgment, authoritatively to settle what interpretation it is that their representatives shall thereafter adopt as binding.
Whenever in our Constitutional system of government there exist general prohibitions that, as interpreted by the courts, nullify, or may be used to nullify, specific laws passed, and admittedly passed, in the interest of social justice, we are for such immediate law, or amendment to the Constitution, if that be necessary, as will thereafter permit a reference to the people of the public effect of such decision under forms securing full deliberation, to the end that the specific act of the legislative branch of the Government thus judicially nullified, and such amendments thereof as come within its scope and purpose, may constitutionally be excepted by vote of the people from the general prohibitions, the same as if that particular act had been expressly excepted when the prohibition was adopted. This will necessitate the establishment of machinery for making much easier of amendment both the National and the several State Constitutions, especially with the view of prompt action on certain judicial decisions—action as specific and limited as that taken by the passage of the Eleventh Amendment to the National Constitution. We are not in this decrying the courts. That was reserved for the Chicago Convention in its plank respecting impeachment. Impeachment implies the proof of dishonesty. We do not question the general honesty of the courts. But in applying to present-day social conditions the general prohibitions that were intended originally as safeguards to the citizen against the arbitrary power of Government in the hands of caste and privilege, these prohibitions have been turned by the courts from safeguards against political and social privilege into barriers against political and social justice and advancement. Our purpose is not to impugn the courts, but to emancipate them from a position where they stand in the way of social justice; and to emancipate the people, in an orderly way, from the iniquity of enforced submission to a doctrine which would turn Constitutional provisions which were intended to favor social justice and advancement into prohibitions against such justice and advancement.
We in America have peculiar need thus to make the acts of the courts subject to the people, because, owing to causes which I need not now discuss, the courts have here grown to occupy a position unknown in any other country, a position of superiority over both the legislature and the executive. Just at this time, when we have begun in this country to move toward social and industrial betterment and true industrial democracy, this attitude on the part of the courts is of grave portent, because privilege has intrenched itself in many courts, just as it formerly intrenched itself in many legislative bodies and in many executive offices. Even in England, where the Constitution is based upon the theory of the supremacy of the legislative body over the courts, the cause of democracy has at times been hampered by court action. In a
