The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1935-01-04
Constitution and the New Deal
BY TALCOTT POWELL

Justice Taft in decision in 1922 pictured inter
state commerce as a continuous flow, which,
touched at any point, affected the stream as a
whole. 1t is but a step from this to the idea
that business which buys as well as sells, in
interstate commerce is subject to Federal regu-
lation.
Then there is the argument that the last
Congress- in passing New Deal legislation, i'm
properly delegated power from itself to the
Chief Executive. Search Of the decisions of che
Supreme Court reveals not one case in which an
act of Congress has ever been declared uncon-
stitutional on such grounds.
NTOR is there any doubt Of the powers Of the
L Y President in national emergency. Those
who wrote the Constitution freely discussed such
contingency even to the point OF the POSSIBLE
ity of a dictatorship for limited period. It
was their intention to provide such powers and
Abraham Lincoln and Woodrow Wilson freely
exercised them. Surely the depression is an
emergency
The Constitution provides cold comfort for
those who believe that the world can be re-
turned to the piping days of Coolidge prosper
ity and held there indefinitely, in sort of sus-
pended state.
"A Constitution is not intended to embody
a particular economic theory" said Supreme
Cour5 Justice Oliver Wendell Holmes in his
Loohner opinion. 1T is made for people Of
fundamentally differing views Every opinion
tenGs to become law
70 be sure, this is an excerpt from dissent
ing opinion but it is truism that the disSenters
of yesterday become the authorities of tomorrow.
One of the strange things about the present
economic upheaval is the fact that the tories
have had to go into complete reverse. For near
ly century and a half they fought and died
for strongly National Government. Now that
National Government has gone definitely liberal.
So we have the amusing spectacle of the sons
of men who fought localism at Gettysburg and
Antetanl now doing battle for return to the
theory of states rights. The simple fact is that
they will seek any form of government which
allows what they believe to be the greatest free
dom for the untrammelled activities of their
robot-the corporate man.
THE Roosevelt Administration, providing the
Il Supreme Court approves its activities has
two courses open to it. First, it may definitely
come to grips with corporate privilege and settle
the conflict. Second, it may postpone the con-
f1ict for political reasons and allow some future
Administration or Government to deal with the
problem.
At the moment the President is a bit like a
trick circus rider mounted on two horses at the
same time. On the one hand are the Farleys,
the Ropers, the Joe Robinsons, the Pat Har-
risonS. They care no more for Mr.. Roosevelt
as an individual or the New Deal as philosophy
than does the late" Arthur Robinson.
What they are interested in is power-build-
ing up the Democratic organization. They can
not see beyond the political machine. Their in
tellectual equipment is limited to that near
sighted horizon, but they are intensely practical
And if public opinion favoring Mr.. Roosevelt
fails for one moment they will cruelty him.
On the other hand are the Tugwells, the
IckeSeS, the WallaceS. who are personally de-
voted to the President but who are even more
committed to the ideal of great, and benefi-
cent Government
These men are not always practical. They
sometimes incline toward making guinea pigs of
the citizenry because they are looking toward
the future rather than the present. They quar-
rel among themselves publicly They have no
political sense. And yet they would go to the
barbados if Franklin Roosevelt but crooked his
little finger.
There is no need to worry about the Consti-
tuition. No people ever had greater pattern
of government, despite its shortcomings 1t is
the people who live under the Constitution that
give cause for concern.
TTERE is a Nation with unprecedented re-
Il Il sources and opportunity. We have learned
how to move ton of freight with an ounce of
coal. We can not move a bushel of wheat,
rotting in the field, to a starving mill hand in
the adjoining township. Mans wisdom is not
yet commensurate with his opportunity.