The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1936-11-13
SUPREME COURT
MAY MOVE SLOW
In new ISSUES
MANY CHANGES THAT ARE
EXPECTED TO BECOME Eff
FEcTIvE MAY BE LEFT TO
TIME
By BYRON PRICE


(Chief of Burenu. The ANs0ciaaca
Press Washington
Quite naturally, much of the
aftermath of the November eIse-
ton has to do with the supreme
court. Technically far removed
from politics, IL nevertheless
stood figuratively in the xery
midst of the fray.
1t was the court which put NJ
the barrier against many Of those
key policies which President
Roosevelt defended during fho
campaign, and a return 70 whi=b
he advocated, at least inferen-
tally.
1t was the court to whose sup
port Governor Landon exhOrted
his followers. and for whose in
tervention he thanked providence
and the founding fathers over an5
over.
And when the arguments were
ended, two states gave their vote-
to Landon, 46 to Roosevelt
Congress Sets Number
Among the whole range Of
questions raised by the election.
there is none more complex than
this: Will an attempt now be
made to interpret this action o.
the electorate, translating II into
action by the government? And
il so. how?
Speculation on this subject has
been travelling a devious way. No
one pretends to know the answer
definitely.
One story, whispered about IN
minor official circles in Washing
ton, is that authority has been
found in existing law for Presi-
dental appointment OF additional
members Of the highest eoart. and
that Mr.. Roosevelt intends TO take
advantage of it, naming Justice
of his own way of thinking.
A search of the statute fails
to disclose any such authority.
The constitution left the number
of justices to congress The first
congressional act, passed IN 1888.
provided for six. Six times since,
the law has been amended The
latest act. passed in 1863 and still
in effect, reads:
"That the supreme court o. the
United States shall hereafter con
sist of the chief justice OF the
United States and eight associate
justices"
This is plain language, which
only congress can change; and IN
der existing circumstances there Is
not the slightest assurance that
even the overwhelming Demo
cratic majority in the new con
gress would consent to a recon
struction of the; court to fit the
Roosevelt policies. Still IT might.
IF the White House insisted
$3.50 Perhaps Biding Time
1t is possible that the court IL
self viii be influenced in It's
future decisions by the happen
ings of November 8?
Repeatedly the court has en-
phasized that this is a demo
crazy, subject to the will Of the
people. Repeatedly il has refer
red to the constitution as q flex-
IDLE instrument, always TO be con
strued in the light Of conditions
at the moment. Can a popular
landslide enter into such eOnsid-
erations? Of course only the ju.-
tees themselves can answer that
Finally, what about a eonstitu-
tional amendment to reverse the
court? Could such an amend
ment possibly be phra5ed in terms
which would satisfy the requisite
two-thirds of senate and house,
not to mention the SO states need
ed for ratification? It would
seem an ambitious undertaking.
These questions ask themselves
in profusion. The court goes its
way. The President keeps silent.
Perhaps, after all, he means only
to mark time. waiting for the
laws Of mortality to snperSede al
other laws Six OF the nine jus
tees are past 20. II would be re-
markable, indeed, If appointments
TO fill several vacancies did not
automatically come the way Of
the second Roosevelt administra-
ton.
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