Plentywood herald. [volume] (Plentywood, Mont.) 1908-current, 1935-07-18
Constitution Policy

1t looks as IL the New Deal is about to attempt
the most dramatic and aggressive fight yet made to
put its theories into law-through constitutional am
endments, If need be.
The President is apparently convinced that furth-
er concentration of power in the federal government
is desirable. and that the existing social and economic
setup demands extraordinary legislation of the R
and AAA order-even though most unbiased COM
mentators are dramatically opposed to this view.
The stage for the struggle was established when
the Supreme Court declared the MIRA, the Frazier
Lenke Act, and the Railway Pension Act. unconstitu-
tional. Those epochal decisions, in the opinion OF
constitutional authorities, make 1t inevitable that the
court will likewise hold that the Wagner Labor Bill,
the Guffey Coal Bill, the Social Security Act, and 9th
er New Deal measures are opposed to the basic law OF
the land.
Irrespective OF that, the President Is using the
whole of his influence to put such laws through. The
Wagner Bill has already become law, and the Social
Security Act will in all probability follow within a
short time. And, In one OF the most startling state
ments ever made by a Chief Executive. the President
recently requested that the Guffey Coal Bill be passed
even IL Its constitutionality is doubtful. He is like
wise holding firm to his opinion that the Public Util-
tiles Bill should provide a death sentence for hold
ing companies-thoush the House has refused to &C
cept 1t, and able lawyers are confident that the Sup
rene Court would do away with it If 1t did become
law.
1t is apparent that many OF the New Dealers who
are closest to the White House are frank In saying
that the Constitution is out OF date, that 1t must be
drastically ~overhauled If it is to be adequate in cop
ing with modern conditions.
When the Supreme Court meets again 1t will be
called upon to pass on two more measures close to
the heart Of Mr.. Roosevelt-the AAA and the IVA.
The chances are that 1t will declare these bureaus
wholly or partially unconstitutional II that happens.
the New Deal will be forced to 90 into the vital 1886
campaign with a platform demanding Constitutional
revision-drastic. thorough. and immediate.
1t used to be believed that the President could get
his way by having Congress pass a law whereby he
could add to the number Of Justices on the Court.
However, the MIRA and Frazler-Lemke decisions were
unanimous-the President would be forced to appoint
ten new Justices, all OF whom he could control 100
per cent In order to effect change. He knows that
the country would not stand for that and that 1t Is
manifestly impractical. Therefore, the only chance
the New Deal has to survive is through changes in
the Constitution.
1t takes 36 states to pass a constitutional amend
1t would be impossible to muster them, inamuch as
the entire South, stronghold OF States Rights, would
be almost certain to oppose granting the federal gov
eminent new powers. Whether or not that Is true.
may soon be decided-and In the meantime, Mr..
Roosevelt's constitutional policy Is providing the ann
munition that makes for ~firstclass political wars.
There has not been a time in many years in which
the issues were 80 clear or so diverse-and when the
1896 spokesman take the stump, there will be fire
works.