Montana labor news., 1936-05-14
WORKERS AND THE
CONSTITUTION
Attorney for a Number of Chica-
go Unions, General Counsel,
Labor and Socialist Defense
Committee.

Those who have studied American
governmental theory have been taught
that our government is a democracy
controlled by the citizens OF the United
States through their duly elected re-
representatives.. They have been taught
that the power OF the people is sup
RENE. In recent years, however, work
ers have been forced by political and
Judicial events to realize that our gov
eminent, democratic in theory, be-
comes autocratic in practice when the
final veto power over the laws which
affect the economic and social inter
ests OF the people, is vested in a Sup
RENE Court OF nine judges who are
appointed for life, and not responsible
to the people over whose economic
fate they exercise so supreme a pow
er.
Power By Legal Fiction
A realistic analysis must reveal the
fact that the power OF the Supreme
Court to declare laws unconstitutional
is indeed a tremendous one. This
power is cloaked by a legal fiction ac-
cording to which the court is endow-
ed with a sacred duty to preserve fun
damental American Institutions" Our
recent experience with the fate OF the
various pieces OF New Deal legisla-
ton reveals that this preservation OF
American Institutions" is exercised
in the interests Of those who control
the wealth OF this country.
A spectacle which has been present
ed wherein social legislation is con-
tinuously nullified, and wherein SOC
ial experiments for the benefit Of the
masses of the people have been con-
stantly blocked = are workers to be
only onlookers in this sad farcef
Resent Judicial Oligarchy
These events have reused the spon-
taneous and organized protest OF the
American People against the judicial
olgarchy to which they now realize
they have been subjected. Bitter ex-
p~erience has impressed the above con
illusions indelibly on the minds OF mil
lions of American workers - the rail
way employees who are now thrown
on the industrial scrap heap without Z
pension; the children who must slave
their childhood away in industrial pri-
sons in the absence of child labor law:
the underpaid workers in mass produc-
ton industries who do not have ever
the meager protection of a minimum
wage law; and the large number o
workers in u~norganized industries who
are compelled to work for inhumanb
long periods without the minimum
protection of maximum hour laws
These and others can thank the Sup.
RENE Court for the absence Of socia
legislation, the existence Of which
would alleviate their economic dis
tress.
Need New Amendment
The various forms Of social legisla
ton have been declared unconstituion
al by the Supreme Court on the eX
pressed basis that Congress does no
have the power under the Constitu
ton to legislate in reference to thos'
various subjects. 1t becomes apparen
that what we want to do, is to Civ.
Congress the power to pass thos'
laws which are necessary to safeguar,
the benefit and interests of the un
de~rprivileged workers and farmers il
American life.
For the fullest and most complet
protection OF farmers and workers I'm
der our existing form OF government
an amendment to the United State
Constitution is essential, specificall
granting to Congress the necessar
power to enact social legislation. Sue
an Amendment has been submitted t
Congress by Senator Elmer A. Ben
son of Minnesota as Senate Resolu
ton No. 249. 1t reads as follows:
SECTION /. The Congress sha
have the power to regulate, limit, an
prohibit the labor persons under eigh
teen years Of age; to limit the work
time and establish minimum conlper
sation Of wage earners in any or a
occupations to protect by law tn
right of all employees to organize an
bargain collectively with their employ
ers; to provide for the relief Of th
aged, invaded, sick, and unemploye
in the form of periodical grants, per
sions, benefits, compensations, or il
IDENTITIES from the public treasury; t
establish, acquire, operate, or regulat
agencies for the marketing and pre-
cessing Of agricultural products; t
establish, acquire, and operate sue
natural resources, properties, and er
terprises in manufacturing, mininl
commerce, transportation, banking
t and public utilities as are essential
! the social and economic welfare OF ii
people, such enterprises to be govern
ed democratically for the benefit {
/ the public by commissions consistin
of representatives Of workers, cor
sumers and technicians; and to legi
late generally for the social and ecoi
e omic welfare of workers, farmers, ar
consumers.
e SECTION 2. The power Of Il
: several States to enact social welfa.
legislation is unimpaired by this artic
g but no such legislation shall abridl
or conflict with any Act of Congre
g under this article"
Constitution Must Keep Pace
G The issues raised in this amen
ment are of the utmost importan
to the mass of American workers a
It farmers. We must destroy the stat
n rights doctrine and other vicious les
doctrines which are standing in t
way of social progress.