Milford chronicle., 1935-08-02

a forgotten by-product in the admin
istration's campaign to put tn
the courts in a hole by OverWhelm
ing them with legislation whiel
they must declare unconstitutional
II is also evident that the flminl
of this grave assault upon the Am
/ eIican system is out of gear.
} The overlooked by-product is tn
education Of the people in the tru'
meaning and value of the COnstitu
J tion.
It was clearly a shock to Mr.
Roosevelt (nOt to speak Of his mys
terious brain-trust advisers) to fint
that the people instantly rebellet
against the Presidents attack upon
the Court and Constitution follow
ing the NRA decision.
At once, in the easy, glib way ot
the New Deal, il was determined to
change this popular attitude. Meas
ure of doubtful cOnstitutionality
were to be put through Congress,
appealing to the selfish interests OF
various groups. These groups, the
strategy was, would be aroused
against the Constitution, when their
pet measures should be declared un-
constitutional.
That the President adopted this
plan is clearly shown by his mes
sage urging the passage Of the Cuff
fey bill, even though the Congress
might have reasonable doubt" as 20
its constitutiOnality. His appeal for
the passage of the AAA amendments
is a new case in point.
But. since the NRA decision, fed
eral Courts Of Appeal (the courts
nearest to the supreme tribunal it.
self have knocked out two more
props of that re-arrangement of our
country which has been put through
Congress by the New Dealers.
=s=
The first was the decision of the
United States Court of Appeals at
Cincinnati declaring that the Public
Works Administration had no con-
stitutionaI power to condemn build
ings and take over land for the erec-
tiOn of model city tenements.
The second decision. by the Court
of Appeals in Boston, was that the
processing tax" levied upon manu- |
facturers by the Agricultural Ad-
justment Act. does not constitute an
exercise of any power of taxation
granted to Congress by the COnsti-
tuition.
At once, that part of the press.
which supports Mr.. Roosevelt, right
or wrong, began to say of the PWA
decision that it seems that the
fathers" were in favor Of
slums. Of the AAA ruling, the
champions of the New Deal said that
the "horse-and-bU constitution
evidently made it impossible for us
to keep ourselves from saying how
much grain and hogs we needed tn
produce for our own prosperity.
Mr.. Roosevelt, at this writing, has
not said this. He has let the press
say it. With his usual quick adrOit-
ness, in turning a rebuff, he has
learned that the time has not yet
come for another White House at
ack on the Constitution.
=s=
But, the forgotten by-product" Of
his "sOak-the-courts" campaign has
begun to assert itself
The people, as reflected in the re-
ipOnse to these decisions. have TAX
n the situation with entire equan-
nifty.
More than that, they have said:
Well, who gave the government
Dower to condemn our property in
rider to use it for building houses
or somebody else? Who gave the
power to tax our manu-
acturers in order to give the money
0 our farmers?"
Here, of course, is the supreme
alue of courts and Constitution in J
ur system They give the people .
ime. they slow up fundamental !
uestions. put a danger flag on them, !
o that the sovereign people may
ave opportunity to decide whether
r not they wish to give to Congress
nd Executive powers that they have =
eretOfore reserved to themselves. =
This lesson, the unforeseen lesson, 4
ie American voter is now learning a.
'Om the dodge the Constitution" ?
ampaign OF the New Dealers.
=s=
As for the timing" of Mr.. Roose- -
slt's anti-couTt campaign, it has =
one wrong, because these decisions :
re coming now. instead of nearer
le national elections Of next year =
he forgotten common sense of the =
merican people will have a year in n
hich to work. It will not be over =,
helmed as the New Dealers plan n
I'd by flashing, last minute Su- >