Evening star., 1935-06-03
Borahs Challenge.

Meeting the issue presented by
President Roosevelt in his recent dis
ruSsion of the Supreme Courts deci-
sion in the N. R. A. case, Senator
william f. Borah OF Idaho has chal-
lenged the Chief Executive to take
the issue to the people in a consti-
tutional way. The Idaho Senator
proposed in his radio address of last
night that the American people be
consulted If their Constitution is to
be changed. The Constitution. he
said. should neither be changed by
the Supreme Court nor by the Execu-
tive. II should be changed. if at all.
hy the people alone
The recent unanimous decision of
the Supreme Court holding the ma
tional industrial recovery act uncon-
stltutlonal is a clear declaration that
the Roosevelt administra ton, the New
Dealers. have sought To change the
Constitution without consulting the
people They have sought to place
IN the hands of the Federal Govern
men, powers which not only were not
granted n the Government under the
Constitution. but were withheld for
the States. Mr. Borah's contention is
that this is a plain usurpation of
power by the President. aided and
shetted by p Congress that has done
his bidding
The Idaho Senator's attack upon
the Presidents proposal 10 centralze
still further in the hands Of the
Executive the regulation of the people
vas a powerful arraignment of bu-
reaucratic government He warned
the people to think we'll OF their fu-
tilre before they agreed TO have their
local affairs governed from Washing
ton. When the Constitution shall have
been rewritten to give the Executive
complete power, then. indeed, the
President will be the Constitution of
the United States And the United
States will be governed by dictator
as surely as Mussolini governs Italy,
Hitler governs Germany. and a
Stain controls absolutely in Russia
today.
Once the Executive has become the
Constitution. II is his will. not the
will Of the people that will govern.
The Constitution of the United States.
Mr. Borah pointed out. lis the will
s and purpose of the American people,
stallized into a written document
binding upon rulers and people alike"
Two ways of dealing with the Con-
stitution. which now stands in the
way of the New Deal, have been sug-
gestad. One calls for an amendment
IN the Constitution giving Congress
authority by legislation TO control
such matters as hours and wages OF
labor and business practices. even
though they be wholly within the bor-
ders of a State. The other would de-
prive the Supreme Court of the United
States of the right and power to de-
clare a law enacted by Congress un-
constitutional
The theory that Congress should
he the final voice, the arbiter of the
cnnstitutionality Of its own laws,
would place tremendous power in
the hands of the Chief Executive. IL
he were a dominating party leader.
II is merely matter of history that
the New Deal laws, including the
N. r. A. and the A. A. A., were writ
ten bv the President and his advisers
and accepted By a complacent Con-
eress.
II the Constitution is to be tinkered
with. if there is to be an increase in
the Federal power, az demanded by
the President. the whole people
should not only be consulted, but
snoiid determine the issue. This can
be done as provided in the Consti-
tuition. There is no reason why
President Roosevelt should not elect
that course, If he should wish, to
accept the challenge delivered by
Senator Borah.