Evening star., 1935-05-29
DECISION HOSTS
DEMOCRACY FLAG
Individual Rights Triumph
Over European Nostrums,
Observer Claims.
BY MARK SULLIVAN.

BY MARK SULLIVAN.
The Supreme Court decisions have
not only saved democracy for Amer
lea. It may be they have saved it for
the world.
Had America gone on into the strange
compound of fasciSm and collectiviSm
that the New Deal was. we would have
confirmed and encouraged the ma
tions in which the new conception
has already got a foothold-Italy,
Russia and Germany. But with
America going back to democracy, it
may be that those nations, too, will
ultimately turn back
Especially is this likely if We. go
ing on with our democracy, achieve
under it well-being greater than
the other nations are able to attain
with their experiment.
In the broadest terms. what has
happened in America during some two
years may be stated thus: A President
took office who by accident of tenn
perament and other fortuitouS cir
cumstances, happened to have. in his
more intimate circle at the time.
group of men who had been infatu-
ated and infected by the spectacle OF
the recent European innovation. They
attempted a modification of the in
novation in America.
Revolution Nipped.
What they attempted would have
been, if successful, revolution. To
say this was their intention is not
oh eli CT q
fact. 1t was so described in the early
stages of the process, by the New
Dealers themselves. They frankly
and exultantly used the word ''revO-
luton" and their purpose was, from
their point of view, sincere.
A revolution can be brought about
in two ways One is by violence.
This the New Dealers put from them.
Prof. TugWell in his industrial dis
ciplne' specifically disavowed force.
Liberals" he said, approp"iating that
word for himself and those like him
liberals would like to rebuild the
station while the trains are running
With the use Of force waived, the
other way to bring about revolution
is by guile. by indirection, by ruSe.
This the New Dealers, especially the
lawyers among them, attempted by
writing into statutes hidden mean
ings and powers which Congress did
not recognize. by subtle phrases de-
SIGNED to get around the ConStitu-
ton and by evasion before the courts.
They attempted it by. TO use their
own Technology, putting reform be-
fore recovery" They tried to hold
the country down in depression so
that it would be willing to accept the
innovations the New Dealers pre-
scribed They attempted it especially
by the device of preventing test cases
from arriving before the Supreme
Count until such time as their new
form of society should have acquired
20 much momentum and created so
many vested interests, that 1t would
be difficult for the court to decide
against the new conception, They
hoped to forestall the Supreme Court
by laying before it a thing done, a
"fait accompll.'
Courageous Group Victorious.
In part. this tactic was prevented
from succeeding by the loyalty of
much of America to its tradition, its
faith in democracy, which took eX-
preston in criticism of the new con-
ception and resistance to it. The
persons, mainly small business men,
who stood up for their rights have
been in some degree martyrs in the
salvation of democracy. In part the
revolutionary tactic was frustrated by
natural forces of business and indus
try. which began to recover in spite
Of the restrictions of the innovations
In part and mainly the attempt at
revolution is now defeated by the
integrity and conscience and courage
of - unanimous Supreme Court.
wit has now eventuated may be
stated roughly and very briefly and .
partially thus:
First. the United States is a de-
mocracy dedicated to preserving
maximum liberty for the individual.
Second, to preserve that concept, |
the Government of the United States |
was made and remains one of bal |
anced powers, in which the President
cannot have dictatorial authority and
in which Congress cannot surrender
its power and responsibility. even with
its own consent and by its own act
Centralized Rule Fails.
Third. the United States is what its
name implies a union of 48 separate
States, and for that reason, among
others. cannot be made to conform
to the European model of central
ized "totalitarian state" or "authori-
tartan state"
Fourth, the Government of the
United States is based upon writ
ten Constitution.
If the New Dealers wish now to 60
on with their attempt. there is only
one way. They should set in motion
the mechanism for amending the
Constitution and see if America is
willing to adopt the innovations the
New Dealers propose. That is the
direct way to change the American
form of government and conception
of society 1t is the way the New
beginning, had they not preferred
indirection 1t is possible that had they
started amendment of the Constitu-
ton when they first came into power
when the country was in mood of
panic, they might have succeeded
The New Dealers cannot plead that
1t would have taken too long to
amend the Constitution. The last
amendment, the repeal of national
prohibition. consumed less than 10
months. 1t was started in Congress
February Is, 1888, and by December
enough States had ratified it, That
was much less time than the New
Dealers have consumed in what is
now apparently a vain effort to
change the Constitution by indirec-
ton.
While change of the Constitution is
the direct way and the only way,