Evening star., 1937-09-14

duce different results. For example
after the court had held grain ex-
change regulation impossible through
the use Of the taxing power, it shortly
thereafter upheld an act for the same
purpose under the commerce clause
Differences between the first and
second Frazier-Lemke acts not ma
terially affecting the objective of
Congress resulted in different con-
clusions as to constitutionality Circuit
Courts Of Appeals felt that the Guffey
coal decision required the invalidation
Of the national labor relations act.
Where uncertainty exists as to any
specific bill, it can only be resolved
by its passage and approval, followed
by its submission to judicial review.
Slavish Adherence.
The needs of changing circum-
stances can only be met by legislative
excursions into waters which, while
explored, have never been fully
charted. Only by such courageous
will to conquer difficulties as they
arise can we avoid the stagnation of
slavish adherence to the past Con-
gress and the President would shirk
their duty if they did not break new
paths as the emergence of new prob
lens appears to require. Only if these
branches Of the Government are
prepared, on appropriate occasion, to
ask the courts to establish new prece-
dents, where none exist or to depart
from old ones, when experience has
brought their soundness into question,
can our Constitution retain that
capacity for growth and adaptation
which from the beginning has been
Its chief glory and its greatest source
OF strength.
The broad language of the great
clauses OF the Constitution contributes
in large measure to its permanency.
1t enables the Government to adjust
It's legislation to the present needs.
1t avoids rigidity and permits the fiex-
ibility so essential to the success OF a
democracy. If by interpretations based
on modern social and economic re-
Quirements We can advance steadily
toward our objectives, We can avoid
the dangerous experiment of funda-
mental constitutional changes.
The Costitution has proved itself
beyond dispute. But the need for
courage and largeness of vision in its
use and application remains For
these are now, as in the past, the
surest guarantees of its enduring vital
ity. May We be wise enough to find
in its generous grants of power the
means to achieve our ideals of social
justice.
Lochner V. New York. 1es o. s. As.
75. Dissent
schechter Poultry Corp, " United
Home Building g. Loan Association '.
Blaisdell. 200 U. S. 39s. 443.
Euclid v. Amber Co.. 272 U. 8. 1885,
Hoke v. United States. 2a7 U. S. 3os.
s37.. 1885 term. decided May "a
1887. and companion, cases.
s ssse5 s4 GsFs5 asbton Goal . csnsron GH ss c6ny u
HOPKINS Federal SAVINGS a Ra; { SGG, Loan Assn.
Linder y. United States. 2es U. S. 5;
United States v. Constantine, 296 U. S.
2s7; Garter v. Carter Coal Co. 29s
- United States v. Butler. ea7 U. S. 1.
sSswarn oaa Machine ,ar c. ,,G.d Davis Mas 10
1887, and companion cases.
!. No. s'' IL. Federalist.
" New YORK Central Securities Co. v.
- Radio Commission v. Nelson Bros. Co.,
2s9 U. s.. 266.
" Hampton & Co. '. United States. 27e
/" United States v. curtiss-wright Corp.
299 U. s. 304.
- u S. C. Title 81 secs. 752-757.
F Cincinnati Soap Co. v. United States
301 u. s. 30S; Kansas Gas & Electric |
C.; Co, v v,,city City of Independence 10 F.
81 Choetaw Nation v. United States, 11s
I" West Coast Hotel Co. v. Parrish. 800
sogsas,.r eoPpsse V Kansas. Kansas sac sse !;
495 Carter Y. Carter Coal Co.. 29s |
{" American Steel Foundries v Tri-city
& II. 8. Rlvy' = v " clerks. Jerk ~9si Isl teSss e
81. Sss Fsderslna S5o yl5g,na nj AZ Raiway ho sys
n !. r. B. Y. Jones & Laughlin. 3ol
Z" 81 Cons. Globe 767-i7l, 5si. s9S.
~ Hepburn v. Griswold, s Wall 603,
- Knox V. Lee, IL Wall. 457.
- Idem.
,,o Norman v. B. & O.. e94 u. S. 24o.
>, Holden v. Hardy, .l69 U. S. 1866
- Lochner V. New York 1913 u s. 45 |
"a Muller V. Oregon. EOS u S. 412.
- Bunting V. OREGON. 253 U. s. 426
- Adkins v. Childrens Hospital, 26I o. |
:. Sos i. s. 5s7.
West Coast Hotel Co. v. Parrish. 900
" Adair V. United States 2Os U. S.
a. Iol Coppage v. Kansas. 236 U. S /
Texas q n. Q. r. Co. Y. Clerks. 2sI
Y. S. 54s; Virginian Railway Co. v.
system Federation No. 40. 800 U. S.
5l5i n. l. r. B. v Jones & Laughlin
A. 301 Y. S. !. and companion cases.
gnlted States V. Butler, .97 U S. /;
social Security Cases. Steward Ma
cnlne Co. v. Davis. No. S31. 1896
term term, decided May "a. 1887. and
=" Hill V. Wallace 259 o. S. Al. Board
OF Trade v. Olsen, 262 U. S. /.