The midland journal. (Rising Sun, Md.) 1885-1947, 1934-07-06
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National Topics Interpreted "a fTTNTTYfA
by William Bruckart <EnrI7fTHT
by William Bruckart

will be when the time comes for q
decision on the point. 1t is worthy Of
thought, in my opinion, however, that
here Is a condition where the system
Of checks and balances between the
legislative, judicial and executive
branches of the government have
placed a powerful whip in the hands
of the Executive. Students of the Con-
stitution tell me that it 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 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
nd 60 hn IN
define and punish piracy, guard the
copyright of creative work, and to
make all necessary laws for carrying
out these various powers.
What has congress retained of these
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 matter
for the courts.
To examine just 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-
coyery 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 it 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
u. S. in Many of that authority. In
p: nearly all of the acts
businesses 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
industry such as those touched by the
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 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