Evening star., 1924-04-20

BY FREDERIC J. HASKIN.

Along with various proposals to limit
or curtain the power OF the Supreme
Court OF the United States to nullify an
act of Congress by declaring it to be
unconstitutional has come a new
suggestion to extend or increase the
powers of the court
The Supreme Court is now a brake
or check upon Congress. The new
proposal would make it an aid or
adviser to Congress on constitutional
questions In effect it would make
possible what would he the equiva-
lent of advance decisions from the
court as to the constitutionality Of
important measures under considera-
tion BY the legislative branch OF the
government.
In addition, the court would also
draft amendments to the Constitu-
ton. which. If adopted. would re-
a Law that had been passed or that
was about to be enacted.
BY way of illustrating how this
new proposal would work, the legis-
lztdon prohibiting or regulating child
labor may be cited The Supreme
Court has held two different child
labor laws unconstitutional. If the
new proposal were in effect Congress
would submit a proposed child labor
law to the court and ask for an
opinion as to it's constitutionality.
If the court found the proposed
measure to be in conflict with the
Constitution it would 50 certify to
Congress and, in addition, would sag-
gest the form of an amendment to
the Constitution which would obviate
all such objections to the measure
Or if Congress had already passed
new child labor law without get
ting an advance opinion from the
Supreme Court, and the latter should
in time hand down a decision finding
the law to be unconstitutional, then
the court would also submit to Con-
gress the form of an amendment to
the Constitution under which such a
law could be passed. Congress would
in turn, be required Immediately to
submit the proposed constitutional
amendment TO the legislatures of the
several states.
Minnesota Man Sponsor.
William Anderson, director Of the
bureau for research in government of
the University of Minnesota. lis the
sponsor for the new idea about what
to do with the Supreme Court I'm
der present conditions, he says, the
action of the court upon measures
involving constitutional amendments
must always be, or appear to be,
purely negative, whereas it should
be Affirmative and constructive.
As a matter Of fact, as Mr.. Ander-
son points out, the court does play
highly constructive part in the
development of American constftu-
tional law, but to the great masses
of the people it seems to have a
solely destructive influence. If it
sustains an act of Congress the fact
escapes general notice, or the court
is given no credit, because the act
is, after all, the work of Congress
But when it declares a law to be
unconstitutional everybody knows
about 1t, IL it is a popular or i'm
portant measure, and instead of
blaming Congress for enacting a law
that is unconstitutional, public opin-
ion usually criticizes the court for
doing it's plain duty in decreeing that
the act of Congress shall not stand.
Nothing can be done by the
Supreme Court, as its powers are
now defined. toward helping Congress
or the President in solving the con-
stitutional problems which arise in
connection with programs of eco
t0omic~ c~--or-social legisaatassa~ It~can