any such change.

There is still another respect in which this equality of representation
in the Senate is unfortunate. It tends to make it easier for
corporation influences to dominate that body. This arises out of the
fact that it is more difficult and more expensive to control the
election of senators in a large than in a small state. This tends to
make the small states a favorite field for political activity on the
part of those corporations which wish to secure or prevent Federal
legislation.

The Supreme Court is generally regarded as the most effective of all our
constitutional checks upon democracy. Still, if the Senate were once
democratized, it would not be a difficult matter to bring the Federal
judiciary into line with the popular movement. In fact, the means
employed in England to subordinate the House of Lords to the Commons
indicates the method which might be employed here to subordinate the
Supreme Court to Congress. The Ministry in England, virtually appointed
by and responsible to the majority in the House of Commons, secured
control of the prerogatives of the Crown, one of which was the right to
appoint peers. No sooner did the House of Commons come into possession
of this power through a responsible Ministry than it realized the
possibility of making use of it to overcome opposition to their policies
on the part of the Lords. If the House of Lords did not yield to the
House of Commons, the latter, through its Cabinet, could create new
peers in sufficient number to break down all resistance in that body.
The possession of that power by the Commons and the warning that it
would be used if necessary has been sufficient to ensure compliance on
the part of the Lords. In a similar manner Congress and the President
could control the Supreme Court. The Constitution does not fix the
number of Supreme judges. This is a matter of detail which was left to
Congress, which may at any time provide for the addition of as many new
judges to the Supreme Court as it may see fit. Thus Congress, with the
co-operation of the President, could control the policy of the Supreme
Court in exactly the same way and to the same extent that the House of
Commons controls the House of Lords.

That the Federalists who were in possession of our general government
during the early years of its history appreciated the advantage of
controlling the policy of the Supreme Court was pointed out in the
chapter on the Federal judiciary. The