Evening star., 1935-09-17
ROOSEVELT POWER
i HELD UNLIMITED
Executive and Legislative
Branches Consolidated In.
der His Administration.
BY DAVID LAWRENCE.

BY DAVID LAWRENCE.
Today being Constitution day, 1t Is
natural that the articles and clauses
Of the historic charter by which
America Is governed should, in the
light Of recent events, undergo scru-
tiny by those who cherish its great
usefulness to our social and economic
life.
Unfortunately, the discussion has
become partisan. Republican speak
ers have emphasized the acts of the
New Deal as in violation of the Con-
stitution. This gives disinterested
criticism an atmosphere of political
combat, when, as matter OF fact,
judicial questions should not become
in any way involved in politics.
But the occasion for inquiry as to
the origin Of the powers being exer-
cised by the President nowadays is
not the less important because it
has regrettably, though inevitably, be-
come a part Of the political scene.
Several queries project themselves to-
day. Where, for example, is there
q breathing spell" clause in the Con-
stitution?
Welcomed Breathing Spell"
Just a few days ago, the Chief
Executive announced to the country
that his Legislative program" had
reached Substantial completion"
Business men, glad of any promise Of
q let-up in the era Of encroachment
by Government upon private rights,
looked upon this assurance with mixed
feelings. They welcomed the promise
Of a breathing spell"
But quite generally overlooked was
the fact that SO changed has be-
come the exercise of executive and
legislative power in the United States
under the Roosevelt administration
that, because the executive and leg
islative branches have become, for
all practical purposes. consolidated
into one, it is from the White House
that the announcement of the Sub
stantial completion" of legislative
program comes nowadays.
When Mr.. Roosevelt speaks of Sub
stantial completion" he implies, OF
course, that he will not ask for fur
ther powers from Congress. But, it
will be asked, what further powers
can the Chief Executive possibly
need? Not many.
Has Many Powers.
The President, by abdication of the
legislative body, called Congress, al
ready has the following powers today
that have been delegated to him:
l. More than 4,Soo,ooo,oo0 has
been appropriated for the use OF the
executive in his own discretion. Con-
greSs surrendered its privilege OF
specifying the uses to which the
money should be put, as has been GUS
tomary for more than las years.
2. The President has the power to
order farmers to plant only those
quantities Of wheat, cotton, corn, po-
tatoes and other crops that he sees fit.
and TO punish those VINO diSobey his
DEGREES.
g. The President can appoint the
members Of board responsible only
to him and such board Is to regulate
the hours of work, rates Of wages,
quantity Of output and other condi-
tions for the conduct of coal mining
and distribution.
4. The President has the power to
appoint a board, responsible to him,
which shall determine employer and
employe relations in all businesses and
industries affecting interstate COM
merce."
Controls Communication.
5. The President. through a Federal
Communications Commission, controls
the radio and other forms OF COM
munication.
s. The President. through the Sc
curities Commission, controls the
electric power and light and gas in
dustries and may order his commits
sioners to eliminate or retain such
corporations as he and his associates
In their discretion think are "nec-
cessary" or economically integrated."
II. The President, through the Fed
eral Reserve Board, whose members
he appoints. can control the flow OF
credit Rd its operations throughout
the co.-itry.
g. Tie President may proclaim
changes in the tariff within certain
upper and lower schedules.
8. The President, through Fed
eral co-ordinator, controls the opera
tions of railroads Of the United
States.
10. The President, through COM
mission of his own choosing. controls
the uses of capital in industry. The
commission approves or disapproves
registration statements at will, and,
without these licenses, new capital
cannot be obtained by industry.
There are, of course, many other
delegations Of power. Some of those
mentioned above are plainly uncon-
stitutional in themselves-that Is to
say, even the Congress does not pos
sess the powers it has tried to delegate
to another branch Of the Government.
But nowhere in the Constitution is
there any clause permitting Congress
to delegate its lawful powers to the
Executive.
Supreme Court Stand.
The Supreme Court has held that,
where the Congress turns over to an
executive bureau or commission the
task Of administering a law, the in
structions must be so explicitly worded
that citizens may clearly know the
limits. But where Congress delegates
to bureau or executive commission
the job Of carrying into effect a legis-
lative objective" this is too vague,
according to the Supreme Court. The
making by bureaus of so-called "regu-
lations" which have the effect and
force of law Is really a delegation of
the legislative, or law-making, power
itself, and is, therefore, violation Of
the Constitution.
The Supreme Court has upheld
delegation of power for revision Of a
tariff, but has insisted that this is
merely a matter of calculation Of a
rate within the limits of formula