Evening star., 1935-05-28
The Constitution Re-established.

The Constitution Re-established.
The Supreme Court. almost in the
twinkling of an eye, yesterday re-
established the Constitution of the
United States. With three unanimous
opinions in as many cases the court
turned back those who have sought
to set Federal power above law.
Granting to the President and the
New Dealers the fullest desire to i'm
prove conditions and to stamp out Ills
that undoubtedly have existed, tend
ency toward governmental domination
has developed that bordered on dicta-
torship
1t was time to call a halt and to
return to the basis of personal liberty
of action. There is nothing that feeds
on itself to such an extent and grows
thereby as does power. Long. steps
have been taken toward the central
ization of power in the Executive
during the past three years. With
each such step there has followed a
reaching out for more power in other
directions. Laws now in the making
In Congress look to the further estab-
Ushment OF control by the Federal
Government over the activities Of the
people.
The court struck down the N. r. A.
It declared unconstitutional the Fra
zier-Lemke farm moratorium act. And
II said to the President of the United
states that he may not without cause
remove from Office faithful officials.
when the law says that cause for re-
moval must be shown. The ruling
against the N. r. A. was based pri-
marily on two grounds. The court
held that Congress may not delegate
to the President power to make laws,
TO set up codes Of fair competition as
he sees fit. The court also held that
the Federal Government may not
exert control over intrastate busi-
ness. In its opinion holding the
Frazier-Lemke act unconstitutional
the court pointed to the fifth amend
nent to the Constitution. which de-
clares that private property may not
be taken even for a wholly public use
without Just compensation.
The country will greet these de-
cisions OF the Supreme Court with a
sigh of relief. A feeling Of unrest has
been developing on the part Of mil
lions Of Americans, feeling that the
Government might go to any limits
in dealing with the people, whether
to compel them to certain lines OF
conduct or to take from them prop
erty which they legally possess. Gov
ernmental action of that character is
foreign to every tradition and funda-
mental principle upon which this
Nation has been bullt.
These unanimous opinions Of the
Supreme Court will reach far be-
vond the immediate laws which they
attack There seems to be not the slight
est doubt that the proposed extensions
of the powers granted under the A.
A. A., and perhaps the act itself,
cannot stand a test in the Supreme
Court. The amendments to the A..
A. A. would put in the hands OF the
Secretary of Agriculture the right to
license farmers and handlers of food.
The license would be for one pur-
pose only, to limit individual farmers
and handlers of foodstuffs to GER
tain line Of conduct. laid down by
the Federal administration. The
Wagner labor disputes bill, which has
recently passed the Senate, it has
already been predicted would lead
Immediately to mass Of litigation,
ending doubtless in a Supreme Court
decision holding the proposed law un-
constitutional.
There is q remedy which the New
Dealers may seek, an amendment to
the Constitution of the United States
giving the Federal Government great
er control over business, including
intrastate business. The process
might take years to succeed. Speed
has been the essence of the New
Deal. The planners, aided oy the
depression, have at times seemed to
rush the people off their feet.
The country will rejoice that when
Chief Justice Hughes handed down
the courts decision in the Schechter
case, involving the constitutionality
of the N. r. A., he spoke the unani-
nous opinion of the nine members of
the highest court. Here was no divid-
ed bench. The so-called liberals de-
cided with the so-called conservatives
that the N. r. A. went beyond the
powers granted the Federal Govern
ment. both legislative and executive,
In the Constitution. The court has
given the country and the admins
tration a salutary lesson. It may have
changed the psychology of the Nation,
If not Of the administration.