Evening star., 1937-01-10
ENLARGED POWER
.|SCONGRESS GOAL
Ashurst to Reintroduce Reg.
uIatory Constitutional
Amendment. .
ny G.. GOULD LINCOLN.

Judiciary Committee SAID yesterday
he nlans to reintroduce his corstltu-
ttonal amendment of last session
which gives Congress authority to reg
ulate agriculture, commerce, industry
and labor.
The Arizona Senator expressed
certain disappointment that Presi-
dent Roosevelt in his address to Con-
sress on the state Of the Union SEEM
ingly had turned his back on an
amendment to the Constitution FOR
such a purpose. He had no criticism
of the President or his address.
Ashurst, however. believes his amend
ment, or one similar, could have OBJ
tanned speedy and favorable action IN
Congress and that within short time
It would have been ratified by the
requisite three-fourths Of the States
II it had received the backing OF the
President.
"I am in no hurry about the
amendment" Ashurst said. Indeed
1t is a matter of such Importance that
II should be given time for consider
alton. ! believe that it should go for
ratification to State Legislatures which
shall have been elected with the
knowledge that this question was COM
ing before them. rather than to al
ready elected Legislatures"
Brief and Direct.
The Ashurst amendment is exceed
inrlv brief and to the point. Its nrst
section reads:
1.-THE Congress shall have the power
10 make laws to regulate agriculture,
commerce, industry and labor"
It's second section merely provides
that TO be effective the amendment
must be ratified within seven years
after the date of Its submission to the
States by Congress.
The President, having declared the
need for more liberal Interpretation
of the Constitution by the courts. and
having said means must be found
to adapt our legal forms and our
judicial Interpretation to the actual
present needs of the largest progress
sive democracy In the modern world
apparently has reused some OF the
members Of Congress to look Tor the
"neans." And some Of them already
have introduced or are preparing
measures for that purpose. Whether
Mr.. Roosevelt plans to make recon-
mendations along this line none OF
them seem to know. There are those
who say they believe he will let the
matter rest with his admonitlon to
the judiciary that greater co-opera-
ton is expected between 1t and the
legislative branch.
On the other hand. it has been
rumored the administration might
back a measure defining, Though con-
sressional action. interstate COM
u1erce. With such definition as
base, Congress would proceed to legis-
late accordingly. In some admins
tration quarters such a plan is not
highly regarded, however. In the end,
TIE matter of the Interpretation OF
he proposed law and its definition
bf interstate commerce would go to
the Supreme Court for its opinion.
Two Camps Forming.
The field OF discussion Is dividing,
apparently, between those who be-
ijeve the better method of dealing
with the situation arising out OF ST.
preme Court decisions invalidating
New Deal laws Is by constitutional
amendment and those who believe
that steps may be taken otherwise
20 obtain a more liberal interpreta-
ton Of the Constitution by that tri-
bunal.
In the group which desires a con-
etitutional amendment there Is a
difference Of opinion. Some, like
Senator Ashhurst. would amend the
Constitution so as to give to Con-
sress the power to regulate by law
agriculture, industry and labor. Others
would give these powers to the States.
The latter say this could be done
through the repeal Of the "due pro-
cess OF law" portion Of the four
teenth amendment to the Constitu-
ton.
The members of Congress who de-
sire to 70 along with the President and
30 bring about more liberal interpre-
tation Of the laws enacted by Congress
also are divided Several of them al
ready have proposed measures which
would prevent the Supreme Court from
holding an act Of Congress unconstitu-
Gonal by a S-to-4-a majority-de-
cision. They would make two-thirds
vote Of the court necessary to invali-
date such law. Representative Wal
ter Of Pennsylvania, Democratic men,
ber Of the House Judiciary Committee,
kSthe author of such bill.
q Rule Might Be Refused.
There is always the question wheth- |
er the Supreme Court would accept |
such a lule at the hands Of Congress. |
The tribunal might hold the act itself |
unconstitutional. On the other hand, |
the court, 1t is believed. could, If it
wished, impose such rule on its own
proceedings. The principal criticism |
of the proposal to make two-thirds |
vote necessary to hold an act uncon-
stitutional lies in the fact it makes 1t |
possible for a minority of the court |
to sustain the constitutionality Of a |
law, even though the majority believes
1t 10 be unconstitutional.
Other members of Congress in this
group, which hopes by legislative ac-
ton to make the judicial branch more
"co-operative" with the legislative, un-
dertake to do so through restricting |
the: jurisdiction Of the lower courts.
Representative Rankin, Mississippi, !
Democrat, for example, has offered a
bill to take away from the inferior
courts the right to issue injunctions |
against the enforcement Of acts Of |
Congress. He proposes to have ques-
tions involving the constitutionality Of |
acts Of Congress 60 Immediately to the
Supreme Court.
The matter Of obtaining more liberal