The Washington times., 1936-02-22
Norris Silent
Now On
Court
By James T. Williams, Jr.

Senator Norris Of Nebraska
made q bitter attack on the Su-
preme Court Of the United States
in the Senate the other day that
he will probably live to regret. He
was displeased with the decision
of the great tribunal in particu-
lar case.
But when the Court decided sub
sequently in favor Of the consti.
tutionality of the act of Congress
creating the Tennessee Valley
Authority Senator Norris did not
repeat his attack. The setting
UP of this particular agency was
his pet hobby.
There is nothing new about such
unjustifiable assaults upon the
Supreme Court as that to which
Senator Norris has recently
stopped.
In fact there is nothing new
about his proposed amendment to
the Constitution providing for the
shackling of the power OF the
Court.
REGULAR ATTACKS
Charles Warren, the historian
of the Supreme Court, points out
in his recent book on Congress,
the Constitution and the Supreme
Court" that such attacks occur
at more or less regular intervals.
He, says in this connection:
Every 10 or Is years, when.
ever the Supreme Court de-
cides q case, or a class Of cases.
holding an act of Congress un-
constitutional, there arises q cry
ON the part Of the person, class
or biographical section Of the
country deeming the decision
adverse to his or its interest
that the Courts power should be
controlled or abrOgated.
"And to support the c0nten-
tiOn, the statement is generally
made that large numbers Of acts
of Congress have been held in
valid by the Court. This cOnten-
tion is of course untrue and mis-
leading, as has been often
pointed out. The charge con.
tinues to be repeated and is
widespread at the present time"
Nor is Senator Norris doing any.
thing original in proposing consti.
tutional amendment limiting the
power of the Court by requiring
the concurrence of more than a
majority of the Supreme Court to
hold an act of Congress conStitu-
tional.
Similar proposals, as MIR.
Warren reminds his readers.
have been made many times
before in one House of Congress
or the other-in 1928, 1924, 1925,
1926, 1927, 1929, 1868 and 1928.
LOOSELY DRAWN
Not all Of these proposed
amendments pressed by disgruntled
groups in the past appear to have
been as loosely drawn as that
which Senator Norris is urging
upon Congress and the country.
| Mr.. Warren takes the Norris
proposal apart and finds that it
Is even more Objectionable than
any which have preceded it.
''The whole proposed amend
ment" offered by the Senator
from Nebraska Gin its present
FORM" writes Mr.. Warren, 'fs
so defective as hardly to war.
rant serious consideration"
It will be interesting to OBJ
serve the attitude of the Ad-
ministration toward the Norris
proposed amendment.
This is only one of a number of
proposals now pending which rad
ical supporters Of the AdminiStra-
tion are pressing in an effort to
diScredit the Supreme Court in the
eyes Of the American people and
induce them to curb its powers in
such a way as to make the Con-
gresS and the President the final
authorities as to the constitution
allty Of an act Of Congress.
HARDLY HONEST
Whether to go to the country
on this issue at the coming ,elec,
ton is a question about which the
Administration seems unable to
make up its mind.
Some of its advisers believe it
would be better to launch the at
tack on the Supreme Court after
Mr.. Roosevelt is reelected.
This is hardly an honest and
intelligent or a courageous course
to pursue.
Its advocates evidently do not
agree with what Abroham Lincoln
said about the impossibility of
fooling all of the people all Of