Evening star., 1935-06-01
The Issue.


sue. he said. has been raised by the
decision of the Supreme Court holding
the national industrial recovery act
unconstitutional. And the issue is this:
Shall the Federal Government have
the power to deal with economic and
social problems, national in scope, or
shall that power be left entirely in
the hands of the forty-eight States?
1t is clearly the contention of the
President that, because of the COM
plex life of the present day, the
States cannot meet successfully these
economic and social problems. which
go beyond their particular borders.
The particular economic and social
problems involved in the national in
tlustrial recovery act and which the
President has in mind are wages and
hours of labor and unfair business
practices. BY the decision of the Su-
preme Court. which the President
holds has made it impossible for Con-
eress to control intrastate business
in any respect, the Federal Govern
lnent is plecuded from dealing with
these problems. The President has
said to the country: Do you want
YOUR Federal Government left power
less to help you in the matter Of maxi
mum hours of labor and minimum
wages. and in dealing with unfair
practices in business?
The President has called upon the
people to voice their demands. He
has said plainly that the people will
have to settle the issue themselves.
He said he did not mean that the
issue would have to be settled this Fall
or this Winter. but possibly over a
period of five to ten years. But there
can be no doubt that the President
would like to have the issue settled
without delay, and settled in favor
of giving the Federal Government
control over just such questions as
were involved in the N. r. A.
In a way the Presidents appeal
to the country is merely the begin
ming of the 1886 national campaign.
despite the fact that he said that
the issue is partisan. In this
country no issue of magnitude is left
out of politics.
The issue. after all, is essentially
the issue of the New Deal, which has
sustained a severe check at the hands
of the Supreme Court. When it is
written into the political campaign the
issue will be whether the Federal
Government is to continue its program
If control over industry and business
and labor and over agriculture
through the agencies which have
been set up during the Roosevelt
administration.
How is the issue to be settled? The
Supreme Court has construed the Con-
stitution and that construction has
stricken down the N. r. A. The Presi-
dent has expressed the opinion that
under the courts ruling the A. A. A.
and other New Deal laws and agencies
may go the way of the NJ r. A. Can
these New Deal laws be written in
constitutional form? Not, says the
President. under the theory of the
Constitution now enunciated by the
Supreme Court. If there is to be a
cnange, therefore, the Constitution
must be amended, nullified or over
thrown.
1t will be strange If the platforms
of the political parties next year do
not make definite reference to con-
stitutional amendments, in the hope
that as the election goes so will 60 an
amendment. The speed with which the
latest constitutional amendment Vas
adopted, following the results of the
1882 election, Is to be borne in mind.
A constitutional amendment, however,
which would turn over to the Fed
eral Government powers which have
been reserved to the States may be
more difficult. Or has the old theory
Of States rights, so dear to democ-
racy in the past, faded completely
from the affections of the people?