HENRY F. ASHURST, ARIZ., CHAIRMAN
WILLIAM H. KING, UTAH
WILLIAM E. BORAH, IDAHO
M. M. NEELY, W. VA.
GEORGE W. NORRIS, NEBR.
FREDERICK VAN NUYS, IND.
WARREN R. AUSTIN, VT.
PATRICK MCCARRAN, NEV.
FREDERICK STEIWER, OREG.
M. M. LOGAN, KY.
WILLIAM H. DIETERICH, ILL
GEORGE MC GILL, KANS.
CARL A. HATCH, N. MEX.
EDWARD R. BURKE, NEBR.
KEY PITTMAN, NEV.
TOM CONNALLY, TEX.
JOSEPH C. O'MAHONEY, WYO.
JAMES H. HUGHES, DEL.
United States Senate
COMMITTEE ON THE JUDICIARY
April 23, 1937
Dear Mother:
Enclosed is an extract from the hearings in
the Judiciary Committee the other day which
I thought you might like to read.
As I look back upon this discussion (with a
Rabbi versed in ancient Hebrew law, who a
decade ago was a practitioner of modern law)
of Isaiah's inspiring declaration made so
many centuries ago regarding the three
branches of Government, I realize that it was
one of the many interesting experiences of my
career.
Bob is here, and we have had a chance to be
together for luncheon and a little visit be-
fore I return to the hearings at 2:30. He
expects to leave here tomorrow.
Your loving son,
Warren
Mrs. Chauncey G. Austin,
St. Albans,
Vermont.
Excerpt from transcript of Hearings by the Committee on the Judiciary
United States Senate, on S. 1392, Reorganization of the Federal Judiciary,
April 21, 1937.
From Testimony of Rabbi William F. Rosenblum,
Temple Israel, New York City (formerly an attorney and
sounsellor at law).
SENATOR AUSTIN: I am very much interested in your statement. It takes
us back into remote antiquity and lets us think and study of the sort of
things that saved the fundamental functions of government. You probably
recall that they were clearly emphasized by Isaiah, when he said in speak¬
ing of them: "For the Lord is our Judge, the Lord is our Lawgiver, the
Lord is our King; he will save us."
There could not be any clearer ex¬
pression of the idea than there was in that remarkable sentiment expressed
there.
RABBI ROSENBLUM: That is very true.
SENATOR AUSTIN:
I want to ask you, Rabbi, if you regard such expressions
as that in the Old Testament as teaching us that we should unify the three
departments, or were they intended to glorify the Supreme Being and teach us
that no one beneath the Supreme Being can exercise these three functions
together?
RABBI ROSENBLUM: The intent of that particular passage was interpreted
time and again even in those days. I might call your attention to the state¬
ment of the Psalmist that "The law of the Lord is perfect, restoring the
soul. The law of the Lord is perfect, enduring forever." That has been
interpreted to me that there are certain supreme laws. In our system it
was the biblical law, against which all man-made legislation must always
be matched. In the days of the Sanhedrin they interpreted the words of
Isaiah and others. They would call that body of men together, 23 judges in
criminal cases and 71 in civil matters, and they said: "Let us see what
is the fundamental law". That is what it meant. That is our modern law.
What is the law of the Lord, in its relation toward man?
is evidenced in our fundamental government in this country, formed 150 years
ago, when Jefferson and others were trying to point the way. It was an hour
of grave decision and uncertainty. The light shone upon them. In the light
of their experience they foresaw that changes would have to be made. That is
why we have the amendment provision.
When Isaiah said the law of the Lord is the law, he meant
something like our democratic form of government. He said "Thus saith the
Lord". And the real great prophet of justice, Amos, said "You would sell the
—2
people for a pair of shoes". That is not Divine. That is human.
Does that answer your question?
SENATOR AUSTIN: Yes. I judge, Rabbi, that you are well acquainted
with the conditions of government in Asia and in Europe at the present
time. I want to ask you whether or not this pending bill, in your
opinion, raises an issue of gravity that compares with the gravity of
the issues of those early days, when our forefathers got together in
convention and changed over from the Articles of Confederation to the
Constitution?
RABBI ROSENBLUM: I think so, definitely.