Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-09-18

One voice representative of the RooSe-
welt administration, was heard on Con-
stitution day. Secretary Daniel c.
Roper of the Department of Commerce
came forward with defense of the sug-
gestion that the Constitution of the
United States be amended so as to give
the Federal Government powers to deal
with economic and social problems
which it does not now have. "The first
requirement of a progressive society,""
said Mr.. Roper, lis a progressive Con-
stitution," and "the right of amend
ment is the heartbeat of our conStitu-
tional system" The President had
nothing to say on Constitution day. But
it seems clear that no member of the
Presidents cabinet would have ex-
pounded ideas on the Constitution
which is rapidly becoming political
issue-without first having those ideas
approved by the Chief Executive.
Mr.. Roper, it is true, did not specify
any amendment which he or the admin
istration considered necessary. The
implication of his address, however, was
clearly that amendment is needed. 1t
seems to be the part of the administra-
ton to stir up antagOniSm to the Con-
stitution as it now stands and as it is
now interpreted by the Supreme Court,
without giving to the people any formula
for change in that document. 1t is a
strange attitude for those who constant
~ reply to critics of the New Deal that
unless they have concrete proposals to
submit as substitutes for the Roosevelt
laws they should be silent. Consistency,
however is not one of the faults of the
New Dealers.
Since the Constitution was signed by
the representatives of the States at
tending the Constitutional Convention
twenty-one amendments have been writ
ten into the fundamental law of the
land. The tWenty-frst amendment re-
pealed the eighteenth amendment, which
prohibited the manufacture, sale and
importation of intoxicating liquors. The
Of rights-were submitted to the States
for ratification by resolution adopted
at the first session of the First Congress.
They have indeed, been regarded almost
as part and parcel of the Constitution
in its original form, and had not some
assurance of these amendments been
given there were States which might
have baked at the ratification of the
Constitution itself. These amendments
dealt with the liberties of the people
the freedom of speech and press. freedom
OF religious worship, the right Of the
people to be secure against unreasonable
searches and seizures, all rights Of vital
Importance to a free people.
No amendment to the Constitution
abridging the freedom of the people in
their personal rights has been adopted
except the eighteenth amendment, and
that has been repealed. 1t may not be
considered by the New Dealers an in
fringement upon the rights of the people
to have the Federal Government say to
them how many hours and for what
wages they shall work. Yet that is what
the New Dealers have proposed in legis-
lation. If they are consistent it will be
the amendment to the Constitution
which they will advocate.
In reality there are only nine amend
fnents to the Constitution in the one
hundred and forty six years since the
beginning of the Federal Government,
when the first ten are considered, as
they should be, part Of the original
document. The twenty-first amendment
nullifieS the eighteenth. These amend
ments safeguard the liberties of the in
dividual persons. They gave freedom
to the slaves. They gave the right of
franchise to all men, irrespective Of
color and race. They gave the vote to
women. They provided for the direct
elections of Senators and for the levying
of income taxes.
A progressive Constitution has ring
ing sound, and so does forward with
the Constitution" another of the phrases
of Mr. Roper. Much depends, however,
upon the direction in which progress
is made If it is away from the freedom
Of the people, so much the worse.