The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1933-05-24
WHAT PRICE ECONOMIC RECOVERY?


ence Monitor directs attention to the fact
that laws which have been enacted by the
present Congress are unconstitutional
This correspondent realizes that what has
been done, and is now being done, by Con-
greSs and the President, is in an effort to
bring about the economic recovery of the
country. but this citizen believes that eco
nOmc recovery at the price of annulment
of the Constitution comes at a price that
is too great for the country to pay. This
presentation of the matter covers the case
briefly and is as follows:
"I have been Increasingly surprised that no one
has seemed to give any thought to the constltu-
tional aspect of the action of both congress and
the president in what is known as tho economy bill
and other subsequent legislation.
article I, Section l. of the Constitution reads:
'Al legislative powers herein granted shall be vest
ed in a congress of the United States, which shall
consist Of senate and house of representatives.
Art. 2, Sec. =, reads: The executive power shall
be vested in n president of the United States OF
America Amendment reads: The enumeration
in the Constitution of certain rights shall not be
construed to deny or dsparage others retained by
the people, Paragraph 2, Sec. 2, Art. 2, gives
the President power to make treaties by and with
the consent of the Senate; Secs. g. 7, and Of
Art. 1 define and limit the powers of Congress
"a study of the above quotations from the Con-
stitution reveal that the President is no part of
the legislative branch of the United States Gov
eminent, and nowhere in the Constitution its
amendments is he empowered to assume or exer-
else such powers. Furthermore, a careful study
iI. -, che ,bprn has
any power to invest him with this authority, and
if that authority is not to be found in the Const-
tuition, it does not exist according 20 the limita-
tions of Amendments and TO-
at is very plain that any legislation having
been passed by Congress would require legislative
action for its repeal, therefore it is indsputable
that in abrogating the acts of Congress in pension
matters in the setting of civil service salaries,
other salaries fixed by Congress, the President is
exercising Legislative power. Consequently, he
does not and cannot have such powers, his acts Of
this nature are unlawful and unconstitutional The
same applies to tariffs which are being considered
at present, which by Paragraphs l and of Art.
1, Sec 8, are especially assigned to Congress.
cit is evident from study of the Constitution
that those patriots who framed it positively in
tended to prevent the President from having or
exercising any legislative power whatever, except
that which is conferred by the veto power They
plainly intended to prevent the liberties Of the
people of the United States from being disspated
in dictatorship by aspiring executive As
view it, the situation is pregnant with danger to
the freedom of the American people, and l sim
cerely hope that someone who has the interests
of the people really at heart will take the necessary
action to secure a Supreme Court ruling these
proceedings While | have no desire to place any
hindrance in the way of economic recovery, yet |
feel that recovery which is attained by suspension
of the Constitution is not to be desired"
The answer to the foregoing by those
who endorse the action of Congress and
the position of President Roosevelt is, of
course, that the end justiies the means.
Something must be done to restore normal
conditions, to bring back prosperity; Con-
gresS, during two years of the Hoover adj
ministratiOn, did little and accomplished
practically nothing for the relief of the
country. The present Congress is not much
better disposed toward action, except ae-
ton to place the responsibility and burden
on. the President. Congress is willing to
allow the President to experiment and to
strike out on unexpiored paths, but Con-
gress manifests little willingness to accept
III