Evening star., 1936-01-19

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" " on" the N. r. A. it brought
upon itself an avalanche
of criticism. When more recently the
court outlawed the A. A. A., the criti-
ciSm was redoubled.
From the early days of John Mar
shall, who as Chief Justice declared
the right, under the Constitution, of
the Supreme Court to pass upon the
constitutionality of laws enacted by
Congress, the court has been attacked
by partisans of legislation when it has
exercised this right. What is happen
ing today has happened in the past.
1t happened, for example, in the bitter
days of the Civil War and the re-
construction period
The American people however, have
never undertaken to overthrow this
power of the Supreme Court to say
whether the Congress and the Execu-
tive. in enacting laws, has kept within
the provisions of the fundamental law
of the land, has not violated the
pledges of liberty Of action given the
people, has not encroached upon the
powers reserved to the States. What
of the future?
Numerous Plans Advanced.
The immediate desire Of those who
attack the court is the perpetuation
OF the Roosevelt New Deal. Various
proposals are advanced.
!. Amendments to the Constitution
oi1 "a rinl1f hV, a RI
regulate and control industry and
agriculture.
2. Amendments to the Constitution
denying or abridgirg the power of the
Supreme Court to hold law of Con-
gress unconstitutional.
3. Enactment of laws of Congress
denying or abridging the right of the
Supreme Court to hold law of Con-
gress unconstitutional.
A score of such proposals have been
introduced in House and Senate. None
of them as yet have the backing of
the Roosevelt administration.
For despite the willingness of the
more ardent New Deal members of
Congress and of the administration
to go forward with the fight to nullify
the horse and buggy days" inter-
probation of the Constitution by the
Supreme Court, the President has not
declared for constitutional amend
ment. The furthest the Chief Execu-
tive has gone was his rather cryptic
reference to the courts in his mes
sage on the state of the Union to
Congress the night of January 3. He
said:
THE carrying out of the laws of
the land as enacted by the Congress
requires protection until final adjudi-
cation by the highest tribunal of the
land. The Congress has the right
and can find the means to protect
its own prerogatives."
Injunction Power Hit.
The Presidents remark has been
interpreted as meaning that he would
have Congress restrict the right of
the lower Federal courts to issue in
functions against the operation of
laws of Congress-the agricultural
adjustment act. for example. He does
not seek to deny to the Supreme
Court the right to adjudicate, to pass
upon these laws. 1t would appear.
therefore. that the President is not
in sympathy with the efforts to deny
this right to the Supreme Court.
Whether he has sympathy for the
plans to amend the Constitution so
as to give Congress power to enact
such laws as the N. R. A. or the
A. A. A. he has not said.
The proposals of the New Deal
members of Congress to perpetuate
the New Deal involve extension Of
centralized governments in Washing
ton and limitation of the Supreme
Court in its judicial functions. Both
courses have a similar end in view
today. Let's look at some of these
proposals.
First, the suggested amendments to
the Constitution granting Congress
power to deal with industry and agri-
culture, which it now has not.
Joint Resolution Framed.
Senator Costigan of Colorado, Roos-
evelt Democrat and ardent New
Dealer, on the first day of the first
session of the present Congress intro
duced a joint resolution proposing an
amendment to the Constitution vail
dating the New Deal. 1t looks very
much as though Senator Costigan saw
the handwriting on the wall; that he
realized the Supreme Court of the
United States would declare some of
the New Deal laws unconstitutional,
and perhaps the main ones. He was
laying the ground and getting pre-
pared for the struggle that must come.
The Costigan resolution, now before
the Senate Judiciary Committee, says
in its first section: THE Congress
shall have power to regulate hours and
conditions of labor and to establish
minimum wages in any employment
and to regulate production, industry,