Show to curb powers of the court NE port of tile tho unexpected U movement to curb the powers of tile tho court which heretofore ting has been confined to radicals a congress Is found in senator F fess ess rep 0 long ions identified with the conservative wing of his party ile he lins declared in favor of legislation requiring concurrence of nt at least six justices to render n R law unconstitutional senator F fesa ess recalled that lie he supported tho the provision in the ohio constitution ution requiring concurrence of all but one judge to declare in an act of the legislature null and void 1 I supported the provision senator F fess ess said for the following reasons tho the three departments legislative executive and in judicial should be permitted to function independently of one another and should bo be free to exercise that function even when it sets aside tho the act of the other that eliat Is s the legislative should be permitted to net act independently although the executive may inay veto its ita decision and the judicial may declare its decision unconstitutional so likewise the executive should bo tree free to sign or refuse to sign a law without fear of impeachment and a judicial body net act upon tho the constitutionality tiona lity without reversal by public cl clamor ainor while these are constituted differently and unequally they ns as depart merits are equal therefore when the net of ono one department involving tile tho judgment of 1531 ni embers of house and senate Is adjudged by another depart composed of nine members tho the act should not be set aside as aa unconstitutional by a 5 to 4 vote it might dinean making a law vold void by so narrow a decision that one man Is umpire 1 I would favor making a similar change in the national practice requiring not less lesa than six of tile the nine to pronounce fl a taw law unconstitutional and void that eliat makes the judiciary just as independent us lis before senator clorah fins introduced a bill requiring the concurrence tit if seven coven judges to nullify tin on act of congress senator la follette proposes a constitutional tut ional lonai amendment which would ep en able congress by a two thirds majority to override the supreme courts ruling just as in tile the case of a presidential veto to this latter proposal senator fess strongly dissents |