The Republican. [volume] (Oakland, Md.) 1877-current, 1936-01-09
DIR. HANEY SAYS
Decision Killing Illegal AAA
Proves Constitution Alone
Rules Congress And Courts
By LEWIS HANEY
Professor of Economics, New York University

NEW YORK, JAM Sit surely behooves all citizens
to read and understand the Supreme Courts decision the
AAA. The Supreme Court is a part of Government
Fortunately this decision is unusually clear and obviously
written explain the law temperate and convincing way
Almost at the beginning explains that the court does not
rule Congress- The Constitution is the law of the land
and the court functions only when act of Congress cha
enged by citizen Then the act with the provisions
of the Constitution which invoked and judgment
Our Constitution governs both Congress and court.
In view of the Schecte which declared MIRA unconstu
tona the New Dealers did not try defend the AAA under
the commerce clause They that this other scheme
of theirs constitutional the following grounds: O 1t
for the general welfare N the processing taxes were
merely ~ the control farm production
by voluntary agreement and ( the Government has
done similar things in the past
Their whole based the notion that the Constitution
be made anything that the politicians in power
wish This time they wanted socaistic scheme of control
production individual farmers be the politicians
at Washington II
49,, Scheme Of RECOMMENDATION
The Supreme Courts judgment against all this. The
of that the words of the Constitution have definite
ing and that this fundamental of Government prohibits
control individuals production within the several States
emphasizes that the New Deal scheme of RECOMMENDATION
not be enforced by subrfug saying that the AAA measures
were "but means to an unconstitutional end"
As to the general welfare plea the Supreme Court holds that
the Federal Government at Washington under the Constitution
has only certain enumerated that have been delegated
by the States But power Ito regulate agricultural pro-
ducon given and legislation by Congress for that
As to the tax the court makes two points, O the
taxation feature of AAA is just part of the scheme
troll agricultural production and 0 he resort to the taxing
eecuate which is not legitimate not within
the of the Constitution obviously nadmissible
This should put end to Mr. Rooseves idea that he
levy of and then the money him
for schemes of controlling productions et -s
The court makes quick work of deoshng the specous
ment that the AAA voluntary. 1t "Ihis coercion
by economic PRESSURE the cotton to choose
not to accept the benefits paid by the AAA he would receive
less for his crops, which might well financial ruin
III. State Rights Violation
But the farmers acted voluntarily the arrangement
would be unconstitutional because W scheme for purchas
ing with Federal funds submission to Federal regulation of
subject reserved to the States" A
The New Deal attorneys went far to claim that
State could if it desired egat the AAA arrangement out
its bounds and that the thing therefore not compulsory
This faacy the court pointing utha if State could
reject the the Federal Government would be made subor
nate to the States. = es .,a.at-:
So the AAA dead the NRA-ong death to them both
which thought itself injured might demand that tax be laid
the buyers of its products and the proceeds be given it,
In order to understand the spirit of the court read the
following: B Et4 2's
e question is not what the Federal Government ought
have but what have in fact been given by the people
Courts reluctant to adudge statute in cOntraven
on of he fundamental w But under frame Of govern
men other place provided where the citizen may be heard
that the law fails to conform to the limits set the
of granted power If the statute plainly violates the
stated principle of the Constitution must declare