Evening star., 1937-05-27
Member of the Associated Press
The President Persists.

president Roosevelt is still intent upon
having Supreme Court which will de-
eide that the Constitution means what
ne thinks 1t means. For that reason he
insists that he has not abandoned his bill
Tor the reorganization of the court, by a
maximum increase in membership to
fifteen, and does not intend to abandon it.
He is not convinced that the recent
decisions of the Supreme Court uphold
Ing the validity of the Wagner labor
relations act and the social security act
mean that the court is sufficiently liberal
IN its Interpretation of the Constitution.
Sufficiently liberal, that is, to uphold
additional New Deal legislation which he
Is seeking; for example, the new wages
and hours bill for labor.
If the Supreme Court must uphold
all the laws enacted by the New Deal
Congress, why have a court? Or why
permit these New Deal laws to be chal-
lenged in the Supreme Court of the
United States? The country has already
experienced a series of Congresses
which have signed on the dotted line.
The President at one time called on
members of the House to pass a bill
even if they had doubts of its consti-
tutionality. He has now gone a step
1urther--a considerable step. He is in
sistent upon having a court that will
uphold the validity of the acts of Con-
gress. He does not say whether the
court has a reasonable doubt as to the
constitutionality of the laws or not" But
the implication is there.
The President has persuaded the Con-
gress to take his view on the constitu-
tionality of laws which he believes to be
in the interest of the country and the
people. He is engaged in the process of
persuading the Supreme Court to do the
same thing And if the court is not
willing to be persuaded to the limit he
desires, he wishes to be on the safe side
by revamping the personnel of the court.
1t would be simple process, provided
he could get his court bill through the
Senate. Up to date that has not been
possible. AS time passes it apparently
becomes increasingly difficult. There
are Senators who still cling to the idea
that the Supreme Court of the United
States should head an independent
branch of the Government.
The Supreme Court has been a bull
wark of the Nation against unconstitu-
tional acts of Congress and of the State
Legislatures. 1t has been so regarded.
So much so, that these legislative bodies
and Presidents of the Nation and the
Governors Of the States have seemingly
been willing to take chance on meas
ures demanded at the time by many
Of the people, realizing that the court
Of last resort would have the final
word in the matter. In the vernacular,
they did not mind passing the buck"
to the highest court. Once the Supreme
Court has become merely a rubber
stamp-willing to write opinions because
they coincide with those of the Execu-
hve-the bulwark is gone.
If this bulwark is removed, the people
will have to rely upon the good judgment
Of the executive and the legislative
branches of Government to see that the
Constitution is not amended by act of
Congress rather than by three-fourths of
the States, as provided in the Constitu-
tion itself If the executive dominates the
legislative, they will have to rely upon
the judgment of the President alone.
And if that times comes, the Chief
Executive will be in position to say as
once did a French king, "Letat, cest
moi"
The American people should be allowed
to speak for themselves, if they desire
their Constitution amended. They have
done so in the past. The short cut,
through the imposition of the will of
the Executive upon the courts, may
easily prove an evil that will destroy the
American form of government. Where
courts are subservient, there is no longer
Justice or freedom A court that can
be compelled to uphold law that
appears beneficent may also be COM
PEELED to uphold a bad law.