Milford chronicle., 1935-06-14
THiS TEMPORARY CONFUSION
OVER THE MIRA

Congress and the Administrative
forces In Washington have been lei
in a sort Of daEe by the Suprem
Courts smashing decision agains
the MIRA.
In the confusion that now prevails
an important aspect IS the loss 0
faith III the Presidents leadership.
Much OF the New Deal Legislation
now in being was passed BY Con
gress with assurance that It wal
within the bounds Of the Constitu
tton. Several measures on thu
must" program OF the Administra
tioh have openly or tacitly beef
given similar assurance.
But what nOw7 In the case of ths
National Industrial Recovery Act
the Supreme Court has Oblitefatef
that assurance. The Court has said
that Congress overstepped its pow
ers in two respects: First, as Co
interstate commerce: second, as to
Congressional delegation Of powers
to the President.
So strict was the Supreme Courts
Interpretation on both Of these points
that almost all New Deal legislation
seems to be involved. Roughly
speaking, the opinion that "the bot
tom has been knocked out Of the New
Deal" does not seem to be- too much
of an exaggeration.
As for pending legislatiOn-the
utility bill, for example, the Triple
A amendments. the social-security
measures, the banking bill. and the
Wagner Labor Disputes Bill-it is
not difficult to image that members
of Congress, already in a doubtful
mood, will find their doubts tremen-
dously strengthened.
For the present, the talk is Of sal
Taging the NRA" within the COnsti-
tuition. There are various proposals
lOr meeting the criticisms of the Su-
Dreme Court as to interstate COM
nerce and the delegation of powers. |
Perhaps Congress could. pass legis-
alton so rigidly defining and delimit-
ng the delegated powers as to prac-
ice of fair business competition and |
Fages and work hours that it would |
'ass muster with the Supreme Court.
General JohnsOR-of all people
links that this would be possible.
lie bases his opinion on the fact that
congress and the Administrative and
he country have learned so much
rom the MIRA that a comprehensive
leasure to meet these ends could
e drawn.
But something else has been learn
q from our experience with the
RA. It is that neither Congress
or the Administration can work
iracles. A delegation Of powers
lch as General johnson proposes
ill comes under the head of mi-
lcles.
But the Supreme Court has de-
ared that the Federal Government
InnOt constitutionally 20 into the
veral states and establish labor
nditions and fair competition prac-
'es. The Court says, in effect, that
e interstate-commerce clause of the
cannot be stretched this
At this point, General johnson
kes refuge in his incredulity. He
nply doesn't believe the Supreme
urt laid down any such rule" But
1t is the impression that prevails
nerally. And the Supreme Court
ems to have emphasized this view
mt by specifying that agriculture, 4
ming and manufacturing are to be
lsidered as engaged in commerce
min state, even though they may
lreetIy afect the commerce of all
states.
'ut even though the legal lights of
Administration might concoct a
mingly Constitutional measure to
lVage the NRA," would Congress,
ing been given one black eye by
'ting to these same legal lights,
also the other?
he widespread confusion attend
the Obliteration of the NRA and
CODES seems to demand quick
edial action. The body blow .
n to the New Deal and the loss
in Administration lead
ip has brought frantic calls for
political rescue crews, IL any
e be.
1t It is not clear that the situa-
demands immediate, sudden and
tic measures. So far as the
TRY as whole is concerned, no
emergency is at hand. No dis
impends. Business and indus
leaders have put out "go slow"
his. There are signs that the
raj forces of recovery are work.
We can afford to look at the
oFary confusion over the NRA
one assurance, at least-that il
be temnOrarV -Innnirnr