The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1936-02-07
By JOHN WEST

when taken against the back
ground of the Schechter Case de-
cision last spring and the proba-
bility OF further decisions against
the New Deal in the near future,
brings into sharp focus many bas-
lie problems concerning the mean
ing and nature Of the comlpex in
stitutional structure of the Amer
lean state. 1t is wholly impossible
to understand these problems ex-
cept in the misunderstanding light
of Marian theory. Any other APP
preach condemns Us to wander in
the fog and mists of legal "fic-
tiens"-as the English political
philosopher, Jeremy Bentham, so
accurately called them-and to
spend our time, like Don Quixote,
arguing about dreams and fight
ing against windmills.
The need for the light of I'M
compromising MARKHAM theory
could not be more urgently shown
than by a study of the press of
the Communist party and the So
cialist party during the week fol-
lowing the AAA decision. The first
editorial of the Daily Worker de-
manded to know whether Ameri-
cans were going to continue to al
low nine old men to overthrow
"the decisions of the peoples rep
resentatives." During succeeding
issues, the Daily Worker has car
ried to ever-increasing heights it's
campaign against the "autocratic
oligarchy" of the Supreme Court.
"Ihe King of England" the edi-
tor says in bold-faced type, "can-
not nullifV acts of Parliament, but
: the Supreme Court can invalidate
acts Of Congress. It is not only
q monarch, but an UNLIMITED
monarch to boot" And "the as
tonishing part of it"-and the in
-dignation of the Daily Worker is
here exceeded only by its surprise
lis that the power is alb
solutely UNCONSTITUTIONAL"
The Daily Worker should really
retain the American Liberty Lea
que to bring suit against this out
rage: it too is stalwart defender
Of the Constitution.
DAILY WORKER
FINDS THE ISSUE
The big issue before the Amer
lean people, then, according to the
Daily Worker, is given in front
page box: "Unite for action to de-
mand that Congress and the Pres
ident: /. Repudiate the right Of
the Supreme Court to declare laws
unconstitutional. 2 Impeach judges
who ursurp the democratic rights
Of the people. 3. Amend the Con
stitution to prohibit the Supreme
Court from declaring laws uncon-
stitutional."
We are reminded that, in France
the Communist party not dissimi-
]avly demands that Laval and the
Chamber of Deputies disarm the
Fascist Leagues and GUST the Fas.
cist officers from the army. AnC
the C. r. of France is similarly
"astonished'' that the representa-
tives of the people" continue to al
low such suhversive activities
against the Republic.
The Socialist Call, if in les
gross form, takes what is essen
tally the same point of view
Norman Thomas writes: "Now si1
old men on the Supreme Court 0.
the u. S. against 3 of their col
leaques hand down a decision
which practically destroys the con
structive program which has beer
set up You have a complet
picture Of judicial oligarchy !.
/ Join with my comrades in de
manding immediate and drasti
action TO end this judicial oligar
chy Real change depends o.
an end of this judicial oligarchy
this government by the dead han,
or a Constitution. which is givel
living power by the particular pol
litical and economic doctrines o
the old men on the Supreme Cour
bench 1t becomes the mos
important single immediate tas
Of the Party and the entire labo
movement to push the Worker
Rights Amendment"
BETTER IN
N. Y. POST
Such analyses and such propOs
ais have, of course, nothing j
common with Marxism. They ar
reformist, not Marxist in charaC
ter. This is sufficiently indicate
by the fact that the liberal Me-
York Evening Post, the shrill Me-