Evening star., 1936-01-19
Supreme Court Denial of A. A. A. Plan
BRINGS Down New Torrent of Criticism
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DrlnSs DOWH 1>cW
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the cost of production "plus reason
able margin of profit"
The fourth of these House joint
resolutions for constitutional
amendment has been offered by Rep
resentative Ferguson of Oklahoma, a
Democrat. His purpose is by chang
ing the punctuation and adding the
word "and" in section 8, Article OF
the Constitution to widen and change
the scope of the so-called general
welfare clause of that document. He
proposes that it shall read: THE Con-
gress shall have power to lay and
collect taxes, imposts, and excuses; and
to pay the debts and provide for the
common defense and general welfare
Of the United States: but all duties,
impoSts and exciSes shall be uniform
throughout the United States"
Another series of proposed amend
ments to the Constitution has been
introduced to limit the jurisdiction Of
the Supreme Court in passing upon
the validity of acts of Congress
aimed particularly at to or mere
majority decisions of the court declar-
ing law unconstitutional.
Senator Norris. Progressive Repub-
lican, of Nebraska and supporter OF
the Roosevelt New Deal, introduced
last May the following proposed
amendment to the Constitution:
1.-THE Supreme Court shall have orig
inal and exclusive jurisdiction to rem
der judgment declaring that any Law
enacted by Congress is whole or ir
part is invalid because it conflicts with
some provision of the Constitution.
but no such judgment shall be rem
dered unless concurred in by more
than two-thirds Of the members o1
the Court, and unless action praying
for such judgment shall have been
commended within six months after
the law
Quinn Asks Limits.
Representative Quinn of Pennsyl-
vania, Democrat, introduced, by re-
quest, a joint resolution proposing an
amendment which provides that nc
court of the United States or of any
State shall declare unconstitutional
any law enacted by Congress. All such
laws are to. remain IN full force until
repealed by Congress or vetoed by
action of the legislatures of three
fourths of the States.
His amendment also would repeal
the 10th Amendment Of the Consti-
tuition, which says: ''The powers not
delegated to the United States by the
Constitution, nor prohibited by it to
the States, are reserved to the States
respectively, or to the people"
Representative Monaghan Of Mon
tana, Democrat, has offered a bill
setting forth the doctrine that the
Constitution gives no authority to the
Supreme Court or any judicial officer
to declare any act of Congress un-
constitutional. His measure would
forbid federal judges to declare any
act of Congress unconstitutional. It
would further provide that if any
Judge had the timberity so to hold, he
would be removed from Office, and the
President directed to fill the vacancy.
Jurisdiction Held Lacking.
Representative Knute Hill Of Wash
ington, Democrat, is the author of a
proposed constitutional amendment to
the effect that the Supreme and in
ferior courts of the United States shall
have no jurisdiction to declare any
act of Congress unconstitutional
A number of bills have been intro
duced in the House seeking to forbid
5-to-4 decisions of the Supreme Court
on the constitutionality of acts of Con-
gress, and fixing the number of JUS
tices who must concur to hold law
void. Representative Gillette of Iowa,
Democrat. on January IA offered such
. bill, providing that no law of Con-
gress shall be held un constitutional
without the concurrence of seven or
more justices. Representative Mon
Afghan of Montana, in another bill,
goes step further and insists that
q law may be held unconstitutional only
by . unanimous decision of the court.
Representative Ramsay of West Vir-
etniA, Democrat, has bill which pro-
V9deS that at least seven members of
the Supreme Court must concur in
holding a law unconstitutional, and
Representative Crosser of Ohio, Dem
ocrat, has introduced a bill making It
necessary for at least three -fourths Of
the members Of the Court to concur
In q decision that law is unconsti-
tutional.
Other Bills Framed.
Representative Cross Of Texas,
Democrat, has bill which denies to
the lower courts or to the Supreme
Court the power to pass on the con-
stitutionality of an act Of Congress.
Carrying the proposal Of the Pres.
ldent IN his annual message to Con-
eress, Representative Martin Of Colo
RADIO, Democrat, has introduced . bill
providing that no court except the
supreme Court OF the United States
ahaIl nave Jurisdiction to decide the
constitutionality Of any law passed by
Congress.
I All Of these various proposals to val
ldate the New Deal, either through
constitutions: amendments or through
proposed laws Of Congress limiting the
powers Of the Supreme Court and
other courts. have been offered by
Democrats with the exception Of two
proposed by New Deal Republicans.
No member Of Congress denies the
light Of amendment to the Consti-
t1tion. although many Of them insist
today that there. is no occasion for
Gnch m amendment. But many