_v_. Griswold. Straightway the Court
received an admonition which it remembered for a generation. Somewhat
forgetful of this, on May 15, 1911, Chief Justice White gave his opinion
in the Standard Oil Case, which followed hard upon a number of state
decisions intended to override legislation upon several burning social
issues. Forthwith, in 1912, the proposition to submit all decisions
involving a question of constitutional law to a popular vote became an
issue in a presidential election. Only one step farther could be taken,
and that we see being taken all about us. Experience has shown, in New
York and elsewhere, that an election, even for a somewhat short term,
does not bring the judge so immediately under popular control that
decisions objectionable to the majority may not be made. Hence the
recall. The degradation of the judicial function can, in theory at
least, go no farther. Thus the state courts may be said already to be
prostrate, or likely shortly to become prostrate. The United States
courts alone remain, and, should there be a struggle between them and
Congress, the result can hardly be doubted. An event has recently
occurred abroad which we may do well to ponder.

Among European nations England has long represented intelligent
conservatism, and at the heart of her conservatism lay the House of
Lords. Through many centuries; and under many vicissitudes this ancient
chamber had performed functions of the highest moment, until of late it
had come to occupy a position not dissimilar to that which the Supreme
Court of the United States yet holds. On one side it was the highest
legal tribunal of the Empire, on the other it was a non-representative
assembly, seldom indeed originating important legislation, but enjoying
an absolute veto on legislation sent it from the Commons. One day in a
moment of heated controversy the Lords vetoed a bill on which the
Commons had determined. A dissolution followed and the House of Lords,
as a political power, faded into a shadow; yet, notwithstanding this,
its preeminence as a court has remained intact. Were a similar clash to
occur in America no such result could be anticipated. Supposing a
President, supported by a congressional majority, were to formulate some
policy no more subversive than that which has been formulated by the
present British Cabinet, and this policy were to be resisted, as it
surely would be, by potent financial interests, the conflicting forces
would conve