When the people of the colonies were defending their liberties against the might of kings, they chose their banner from the design set in the firmame… - Calvin Coolidge

The thirteen Colonies were not unaware of the difficulties which these problems presented. We shall find a great deal of wisdom in the method by which they dealt with them. When they were finally separated from Great Britain, the allegiance of their citizens was not to the Nation, for there was none. It was to the States. For the conduct of the war there had been a voluntary confederacy loosely constructed and practically impotent. Continuing after peace was made, when the common peril which had been its chief motive no longer existed, it grew weaker and weaker. Each of the States could have insisted on an entirely separate and independent existence, having full authority over both their internal and external affairs, sovereign in every way. But such sovereignty would have been a vain and empty thing. It would have been unsupported by adequate resources either of property or population, without a real national spirit; ready to fall prey to foreign intrigue or foreign conquest. That kind of sovereignty meant but little. It had no substance in it. The people and their leaders naturally sought for a larger, more inspiring ideal. They realized that while to be a citizen of a State meant something, it meant a great deal more if that State were a part of a national union. The establishment of a Federal Constitution giving power and authority to create a real National Government did not in the end mean a detriment, but rather an increment to the sovereignty of the several States. Under the Constitution there was brought into being a new relationship, which did not detract from but added to the power and the position of each State. It is true that they surrendered the privilege of performing certain acts for themselves, like the regulation of commerce and the maintenance of foreign relations, but in becoming a part of the Union they received more than they gave.

Somewhere must be lodged the power to declare the Constitution. If it be taken away from the Court, it must go either to the executive or the legislative branch of the Government. No one, so far as I know, has thought that it should go to the Executive. All those who advocate changes propose, I believe, that it should be transferred in whole or in part to the Congress. I have a very high regard for legislative assemblies. We have put a very great emphasis upon representative government. It is the only method by which due deliberation can be secured. That is a great safeguard of liberty. But the legislature is not judicial. Along with what are admitted to be the merits of the question, also what is supposed to be the popular demand and the greatest partisan advantage weigh very heavily in making legislative decisions. It is well known that when the House of Representatives sits as a judicial body, to determine contested elections, it has a tendency to decide in a partisan way. It is to be remembered also that under recent political practice there is a strong tendency for legislatures to be very much influenced by the Executive. Whether we like this practice or not, there is no use denying that it exists. With a dominant Executive and a subservient legislature, the opportunity would be very inviting to aggrandizement, and very dangerous to liberty. That way leads toward imperialism. Some people do not seem to understand fully the purpose of our constitutional restraints. They are not for protecting the majority, either in or out of the Congress. They can protect themselves with their votes. We have adopted a written constitution in order that the minority, even down to the most insignificant individual, might have their rights protected. So long as our Constitution remains in force, no majority, no matter how large, can deprive the individual of the right of life, liberty or property, or prohibit the free exercise of religion or the freedom of speech or of the press. If the authority now vested in the Supreme Court were transferred to the Congress, any majority no matter what their motive could vote away any of these most precious rights. Majorities are notoriously irresponsible. After irreparable damage had been done the only remedy that the people would have would be the privilege of trying to defeat such a majority at the next election. Every minority body that may be weak in resources or unpopular in the public estimation, also nearly every race and religious belief, would find themselves practically without protection, if the authority of the Supreme Court should be broken down and its powers lodged with the Congress.

Yet in time of stress and public agitation we have too great a tendency to disregard this policy and indulge in race hatred, religious intolerance, and disregard of equal rights. Such sentiments are bound to react upon those who harbor them. Instead of being a benefit they are a positive injury. We do not have to examine history very far before we see whole countries that have been blighted, whole civilizations that have been shattered by a spirit of intolerance. They are destructive of order and progress at home and a danger to peace and good will abroad. No better example exists of toleration than that which is exhibited by those who wore the blue toward those who wore the gray. Our condition today is not merely that of one people under one flag, but of a thoroughly united people who have seen bitterness and enmity which once threatened to sever them pass away, and a spirit of kindness and good will reign over them all.