Evening star., 1935-06-19
lust a Dead Hand?

While President Roosevelt holds in
allegiance decision as to whether he will
seek a constitutional amendment ex-
tending the powers of the Federal Gov
ernment over social and economic affairs
the suggested issue keeps bobbing up.
A. Mitchell Palmer Attorney General in
the Wilson cabinet, addressing the Dem
ocratic State Committee in Harrisburg,
asserted the need of a constitutional
change which would make possible, for
example, the operation of the N. r. A,
recently declared unconstitutional by
the Supreme Court. Mr. Palmer at the
same time declared that he and those
who believe in amending the Constitu-
tion-presumably including the Presi-
dent-were the real friends of the great
document and of popular government.
The question, he said, is whether the
Constitution shall remain picked" in
its original liquor or whether it shall
be preserved in a manner to meet the
changing demands of new growth.
Mr.. Palmers demand that the ConSti-
tuition be changed to meet changed con-
ditions in this country has familiar
ring. 1t is the demand of others who
have met rebuffs at the hand of the
Supreme Court. 1t is the demand of
many who have had chimerical dreams.
And particularly is it the demand OF
those who seek an increase in the power
of the Federal Government to do those
things which they consider advisable.
The Constitution is a defender of the
liberties of the people-their personal
liberties. If it be necessary to curtail
these liberties, then it becomes neces-
sary to change the Constitution. The
American people have lived and labored
and died to some good purpose under
the Constitution, and they are not in
clined to deal lightly with its amend
ment. 1t has been amended, but the
amendments have not been numerous.
Nor have these amendments sought to
change the balance of power in the
Federal Government or between the
States and the Federal Government.
The constitutional amendment which
apparently is sought by Mr.. Palmer and
which seems to have been suggested by
President Roosevelt in his press con-
ference on the N. R. A. decision of the
Supreme Court calls for a distinct change
in the form of government. If the
change is to make. such laws as the
N. I. r. A. constitutional it means that
there is to be delegation of legislative
power to the President of the United
States, although Mr.. Palmer denies this.
The Supreme Court held, among other
things, that there had been a delegation
of power to the Executive. Associate
Justice Cardozo went so far as to say
that the President had been given a
rowing commission to make law as he
saw fit under this act of Congress.
Mr.. Palmer in his address said that
ne saw no reason why the people should
be governed by dead hand"-the
Constitution as originally framed-in-
stead of by themselves. The ConStitu-
ton is a very lively document, despite
the assertion of Mr.. Palmer and his
comparison likening it to a dead hand
1t has recently shown its liveliness and
life, and many Americans have rejoiced
If Mr.. Palmer and the President-and
the New Dealers generally-desire to
make an issue in the coming campaign
of an amendment to the Constitution
which will greatly increase the powers
of the Federal Government and CEN
tralize still further control in Wash
tngton, let them try it on.
Mr.. Palmer's speech to the Pennsyl-
vania Democrats sounds like a step In
campaign to build up sentiment in
this country for a constitutional change
to make the Roosevelt New Deal legal.
1t is defense, too, of the President,
whose comments upon the Supreme
Courts decision in the N. r. A. case
have brought no happy response from
the country. 1t has, indeed, a political
ring.