Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1934-07-05
by William Bruckart

Oh CHECKS ana balances between Ln6
legislative, judicial and executive
branches Of the government have
placed powerful whip in the hands
Of the Executive. Students of the Con-
stitution tell me that 1t is very I'M
usual condition. Frankly, as see the
situation at this time, 1t will take an
overturning Of public sentiment equal
In magnitude to the landslide by
which Mr.. Roosevelt was elected to
force a return Of that power to con-
gress were the President DESTROYS Of
retaining it.
When Mr.. Roosevelt came into Of
fee March 4, 1888, the congress, ac-
cording to the Con-
Legality stitution, held the
Questioned power to levy and
collect taxes, to bor-
row money, to regulate foreign and
domestic commerce, to coin money and
regulate its value and to govern Its
relation to foreign coin, to combat
counterfeiting, to set up inferior
courts, to declare war and grant let
tiers Of marque and reprisal, to raise
and support the army and the navy
and control calls for the militia, to
define and punish piracy, guard the
copyright Of creative work, and to
make all necessary laws for carrying
out these various powers.
What hos non0rocc rofoinod of thoco
vast powers, given it by the Constitu-
ton because it represents the people?
There is divergence of opinion. Sure
ly, however, there has been delegated
to the President some of the most i'm
portant Of those powers, and some
authorities like Senator Borah of
Idaho, and some Of the Democratic
conservatives claimed the delegation
has been illegal. Whether that conten-
ton is true, Of course, is a matter
for the courts.
To examine just a few of the things
done by congress will illustrate the
extent to which it went in granting
authority to the President. Take the
laws creating the Agricultural Ad-
justment administration and it will be
seen that the authority to levy and
collect taxes was granted and at the
same time a big handful of control
over interstate and foreign commerce
was given to the Executive. Produc-
ton control under the. so-called Bank
head cotton control law is just that.
An important control over interstate
and foreign commerce was given the
President also under the national re-
covery act General Johnson, admin
istrator, exercises that authority, of
course, but he does so under execu-
tive direction.
While the power is circumscribed to
an extent, congress gave the President
authority to change the value Of the
dollar. He cannot vary it greater than
between fifty and sixty cents, as we
used to measure cents, but the power
to coin money and regulate its value
rests with Mr.. Roosevelt to that ex-
tent. The implications go much fur
Their. The treasury has an immense
fund of gold which 1t can use in main
tanning the relationship between our
dollar and foreign coins.
Under the present set-up, congress
gave away temporarily the right to
make laws, or a part
y. S. in Many of that authority. In
P,.;n..... nearly all of the acts
Of the New Deal
congress, much discretionary power to
draft regulations and rules for admin
istration of the new laws was accord
ed the Executive. Anti-administration
leaders contend that in using this dis
cretionary power, the executive branch
has put government into countless
businesses. Through the Reconstruc-
ton Finance corporation, for example,
the government owns or has influence
in through the medium of loans such
businesses as banking. dairying, cotton
and wheat and other grain stocks, in
the mortgage field, railroading and in
the various fields of commerce and
Tennessee Valley experiment.
In the charity field, the government
has gone a long way. 1t is providing
work In numerous ways. Various ex-
periments are being worked out with
these funds. voted by congress for dis
tribution under the Presidents direc-
ton. Some of the money is being used,
for example, for the building of whole
towns in conjunction with a govern.
ment-owned manufacturing plant.
Through NRA, 1t is to be mentioned
also, the antitrust laws were virtually,
If not wholly, suspended. The recov.
cry act made the antitrust laws In.
applicable where corporations signed
the codes and complied with the blue
eagle requirements. Under that same
set of laws. too, the government vir.
tually became a partner In all bust.
nesses, since 1t exercises authority
over their manufacturing practices
and policies as well as their methods
of production and distribution.
Finally, it ought to be mentioned
that no longer can an individual sign
a contract by which he will agree to
make payment in gold. All such con.
tracts entered into heretofore If they
are still In effect, mean nothing be.
cause they cannot be enforced as tc