Evening star., 1935-06-21

berg, Republican, of Michigan,
= In the National Radio Forum,
arranged by The Star and broadcast
on a coast-to-coast network OF the.
National BroadcaSting Co., follows;
The Constitution of the United
States once more Is live issue before
the American people, because OF re-
cent epochal events in the following
sequence:
First. The Supreme Court, in q
series of unanimous decisions, decided
that the Federal Government must
keep hands of the internal business
of the States that Congress must quit
delegating legislative power to the
President and lesser bureaucrats; that
the President must release the hand
of dictatorship from important func-
tions heretofore usurped; in word.
that the Constitution is something
more than a paper napkin at an
economic picnic.
Second. The President promptly
bowed to the authority Of the Con-
stitution as authentically asserted by
the Supreme Court But in a burst
of melancholy gloom he announced
that this curb will throw America
back to the old horse and buggy"
days-meaning anything prior to his
own infatuated dispensation-and In
dicated his belief the Constitution
probably needs change. His tone
moderated a few days later, but his
primary impulse was disclosed in his
initial statement when goaded to can
dor by his initial collision with the
Constitution. Manifestly it must be
notification or amendment If much
Of the new collectivism shall persist.
Third. The presidential reference
to constitutional amendment immedi-
ately took hold and, as usual, where
impatience governs, 1t swiftly gradu-
ated into impetuous discussions Of
broadest possible constitutional recon-
struction by others-all proposals
aiming, in some fashion, to break
down existing constitutional restraints.
Again we heard of the old scheme to
make Congress supreme over the con-
stitutionality of its own acts. One
of our home-vacationing Ambassadors
even suggested convention to rewrite
the whole charter Behind these three
episodes were two years Of restless
encroachment upon the traditional
American mode, two years Of cumula-
tive power in Washington at the ex-
pense of State home rule and indi-
Vidua1 independence; two years of
congressional surrender to alphabetical
commiSsars who deeply believe the
American people need to be regi-
mented by powerful overlords in order
to be saved. In addition there has
arisen the new Federal subsidy system
under which States rights have been
beguiled or bought or bludgeoned into
coma.
Above All Government.
Thus the Constitution and its tradi-
tional Americanism again are live
issues. This is good If it leads to
truth: intellectually bad if it mis-
leads into treacherous innovations.
The people must decide. The Consti-
tuition belongs exclusively to them.
1t cannot be changed by Presidents,
courts or Congresses. But eliminate
the Supreme Court, and the Consti-
tuition no longer is responsive solely
to the people. 1t becomes whatever
Congress wants, or an ambitious
White House dictates. 1t invites
Fascism at the right" or Communism
at the left" Today this cannot be
true. The Constitution, speaking for
the people, Is above all government.
1t is the voice of the sum total Of our
citizenship. When it yields this
character the Republic will join the
rest of the world in the ashes Of
democracy.
1t is vital that the people under
stand that If they desert the Consti-
tuition they desert themselves. They
fall upon their own sword. I'm franz
ing a government which Is to be ad-
ministered by men over men the great
difficulty lies in this: You must first
enable the Government to control the
governed. then oblige it to control
itself" Hence our Constitution which
none but the people may alter. Hence
the Supreme Court to protect this
right. The Constitution and the
court are the peoples sole assurance
that this right shall survive. Nothing
could be more anti-liberal than to
strike it down.
Justice David Davis, Lincoln's great
friend, said
The Constitution is law for rulers
and people and covers with the shield
of its protection all classes of men,
at all times, and under all circum-
stances"
Such a reliance will not be impetu-
ously altered by rational citizenship
which knows the source Of It's liberty,
security and power. We owe OPEN
minded study to any specific sug-
gestions for constitutional amend
ments But we owe greater study to
our history and experience under this
great charter to determine whether
change is unavoidably required. Above
all We owe unyielding resistance to
any attempts to cheat the Consti-
tuition without changing it. Not only
the length but the direction of any
innovation must be faithfully as
seSSed. When we deal with the Con-
etitution we deal with our birthright.
This does not pretend the Consti-
tuition is sacrosanct. This is not a
static world. But our constant amaze
ment has been to discover that this
charter usually fits our changing
needs if we seek patiently to find our
answer within Its boundary. Those
who want to live within it, and have
the ability to search the way, usually
can reach any legitimate goal. Even
the Presidents favorite Army general
the crack down" genius who lived
an imperial hour under. the minatory
wings of synthetic eagle-denies any
thesis to the contrary. There may
come conditions which require change.
NJ RIG CLEANING H|