The Washington times., 1935-06-01
NRA IS ISSUE
IN CAMPAIGN
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with his point Of view, and the
conservatives damning 1t heartily.
Again Mr.. Roosevelt has pro
1ected q political philosophy
which cuts squarely across party
lines, even as the New Deal did.
Followed to its logical conclu-
sions, it means that the country
is in for a revival Of constitu-
tional debate and discussion
comparable to that Of the "horse
and buggy days" to which the
President referred.
He is quite willing to see it
made a political issue, although
he expressed the hope it would
not become q partisan issue. In
that he is likely to be accom-
modated, for there is strong Demo
cratic opposition to his proposal
rs we'll as considerable Republican
support.
Mr.. Roosevelt's position, briefly,
is that in the light of the Supreme
Courts decision on the NRA, the
Federal Government is left Virtu-
ally without power to deal with
questions of paramount import
ance in these modern industrial
times. The court outlaWed the
MIRA, and set down the surprising
ober dicta that mining, manufac-
turing and agriculture were eS-
sentially local enterprises and thus
not susceptible to Federal treat
ment under the Interstate Com
merce clause of the constitution.
Three weeks ago, in the railroad
pension case, the court, to 4,
held that railroad pensions were
without the orbit of Congress"
to enact.
The cumulative effect of these
decisions, and especially the i'm
plications, has convinced Mr..
Roosevelt that either the Consti-
tuition must be liberalized to meet
changed economic and social con-
ditions, or the Federal Govern
ment must stand perpetually en-
Joined from attempting to deal
with such important questions as
wages, hours, working conditions,
old age security, and control Of
production.
The American Government, he
observed, is the only first class
power in the world today that
does not have authority to deal
with such questions. Congress can
enact, but the Supreme Court can
veto-as it has done in the above
cases.
The net result of this situation,
In his opinion, is that the Federal
Government is thus left impotent
to meet the most pressing issues
of the times; that instead Of hav.
ing one strong central Govern
ment, there are 48 State govern
nents, all attempting to deal diff
6erently with the same problems.
President Roosevelt thus has
left the door wide open for the
Republicans to select standard
bearer in 1885 who is a stout con-
stitutionaliSt Willingly or unwit-
tingly, he has provided his oppo-
nent next year with ready-made
slogan: Stand by the Constitu-
ton"
If the Republicans should go to
the Supreme Court for their can
didate-aS they have done be-
fore-then it would heighten the
drama of the presidential cam
paign to a degree never before
seen.
The Republicans have been
looking longingly in the direction
of the supreme bench anyway.
Hard UP for Presidential timber
among the governors Of States,
Senators and Representatives, Re-
publican eyes have been Straying
toward the bench with increasing
frequency since the court began
to shell the New Deal out Of the
trenches.
Mostly, the Republican gaze has
centered upon Associate Justice
Owen J. Roberts, youngest mem
Der Of the bench.
It Is Justice Roberts who has
been holding the balance Of power
between the so-called liberals and
conservatives on the court. In
numerous 5.to-4 decisions since he
was appointed five years ago by
President Hoover, it has been the
vote Of Justice Roberts that has
been the deciding factor. Some
times he has been with the liberal
four, as in the gold decision. Some
times he has been on the other
side, as in the railroad pension
case, where he read the decision
Tor the majority.