Evening star. [volume] (Washington, D.C.) 1854-1972, 1936-12-21
CONGRESS TO FACE.
HIGH COURT ISSUES
Showdown Between New
Deal and Tribunal Seen
Inevitable.
~ the Associated Press.

~ the Associated Press.
The forthcoming Congress Is widely
expected to 60 down in history either
Is an adept stopper within the Con-
stitution as 1t stands, or the pro.
poser Of An amendment to enlarge
Federal powers.
In the political campaign, Presi-
dent Roosevelt and his leaders re-
dedicated themselves to N. r. A. and
A. A. A. detectives, and promised
action" After running on . record
which showed q 6-to-3 score against
the administration in the Supreme
Court, they have interpreted the over
whelming victory as a mandate te
carry on.
Barring changes on the court due
to deaths, many here believe some
sort of showdown inevitable between
the New Deal and the constitutional
views written in the N. r. A., Guffey
and A. A. A. decisions. Demands since
the election by organized labor snd
farmers spokesman who supported
Mr.. Roosevelt recall the powers once
exercised by those since outlawed
agencies.
With the Capital taking on the
hustle and suspense that heralds the
converting of a new Congress, in.
terest in the constitutional question
is universal. The way arriving leg.
islators talk indicates that the budget
airy, neutrality and other debates may
all be conducted before the broad
backdrop Of differences over funda.
mentals.
Questions Before LEGISLATORS.
Just where does the line Of Fedora
authority stop and States rights
beginp Shall We define general vel.
fare" for once and all? Exactly wha
does due process Of law" mean9
50 the questions run rs legislator
intent on regulation of wages and
hours and control Of crop production
restudy Supreme Court decisions
bearing on those problems. In on,
respect the atmosphere is reminiscent
Of March, 1898, when Congress and
the country looked 50 unquestioningly
to the President for leadership. To-
day, again, the lead Is for him tc
take. His close advisers say they don
know what he intends. but quickly
add it will not be retreat.
The situation is as new to Amer.
lean history in some respects as wa.
the abdication Of q King for love ir
English history. True, Supreme Court
decisions have precipitated historic
arguments before. The bred Scott
decision Of 1857, holding Congress,
powerless to ban slavery in the Ter
ritories, was castigated in the Lin
coin platform Of 1860.
Amendment Is Hinted.
Never before was there an election
however. in which the candidate,
pledged to seek constitutions
amendment IF necessary" Unles!
questions Of wage and hour stand.
ards and unfair business practices
can be answered effectively otherwise
the Democratic platform called 70
an amendment looking to joint Fed.
eral and State Jurisdiction.
Mr.. Roosevelt already has sought
to encourage more State legislation
On wages and hours. unemployment
insurance and old-age protection. H,
promised only recently to supplement
the State action when the problem.
assume an interstate character.
In the general opinion he will rec
ommend attempts at voluntary CO.
operation and further legislative ex.
ploration of constitutional boundarie.
before broaching an amendment. He
is not believed by advisers to sympa
thize with proposals to curtail the
power Of the Supreme Court, or te
enlarge its membership. But If re.
newed, efforts to meet the problem,
at which N. r. A. and A. A. A. were
directed should fall before constitu.
tional barriers. then the amendment
question would be faced.