Evening star., 1937-03-05

Whether one agrees with the PreSi-
dents concept of his duty, the impor-
tant fact Is that fortified by an enor-
NOUS majority in the last election ne
considers that he has the right 10
brush aside constitutional precedent
and demand a Supreme Court which
must virtually collaborate in the po-
Iitical management Of the national
Government.
Mr.. RooSevelt'S argument Is that
great crisis prevails and that there
isn't time for the normal processes OF
democracy. This will come as big
surprise TO many people who were led
To believe in the last campaign that
recovery was we'll under way and that
most OF the acute problems of the
Nation had been solved or were on
their way toward solution.
Old Argument Revised.
Again and again in American his
tory the argument has been made that
in a crisis the Constitution is sus-
pended but it has never been accepted
as valid in a government Of laws. The
Supreme Court in 1866 in ruling on
an act of President Lincoln said:
mo doctrine involving more per-
nicious consequences was ever invented
by the wit of man than that any OF
the Constitutions provisions can be
suspended during any Of the great
exigencies of Government. Such
doctrine leads directly to anarchy or
despotism-the theory of necessity on
which it is based is false.
THE Constitution of the United
States is a law for rulers and people,
equally in war and in peace, and COW
ers with the shield Of its protection all
classes of men, in all times and under
all circumstances"
The foregoing is the shortest answer
that can be made to the Presidents
speech by those who believe IN q
government of laws, government
based on a written charter and not
the discretionary powers of one-man
ruler.
Overlooks Precedent.
Mr.. Roosevelt, on the other hand,
that as long as he is President no
harm can come from extending to him
extra constitutional powers. What he
overlooks, it will be insisted by op-
ponents, is that precedents created now
will be used by others.
How can the Nation be assured
against the return of political pup
nrc
May Provoke Activity.
This question now will be asked
with much more point than If Mr..
Roosevelt had not raised the question
of a third term at all. AS a matter of
fact, he has not issued the only ex-
plicit statement that ever keeps third
term talk down-namely, that under
no circumstances would third NOM
ination be accepted if rendered.
There was no necessity up till now
for Mr.. Roosevelt to make such q
statement, but the peculiar wording OF
his reference to 1910 and the condi-
tions which he feels should exist at
the time may stir up good deal Of
political activity by his henchmen OF
the various political organizations to
draft him for third term in the event
that his program has not been full
filled.
Mr.. Roosevelt's radio appeal will
have number of effects. 1t will
arouse new sources of opposition
among liberals as well as conservatives.
1t will bring to a head the question Of
a controlled versus an uncontrolled
Supreme Court. 1t will define the is
sue as one of changing justices to get
a changed verdict-a principle that
has not been typical of democracy or
craftsmanship heretofore.
The President speaks of the votes OF
the 100000 as ample support for his
course. He also speaks of the tragic
era that preceded the outbreak Of Civil
War in 1861. The parallel is signifi-
cant. What brought on the Civil War
was q difference of opinion on the
meaning Of one aspect of the Consti-
tuition.
Protects Minorities.
Essentially a constitution is intended
10 protect minorities against the ex-
cesses of temporary majorities. The
last election did not mean that H.
100000 voted to trample upon the
rights of 100000. If it did, then
America may face a greater crisis
some day as right after right is taken
from the minorities. World history
shows that revolutions and civil wars
are rarely begun by majorities, but
usually by minorities who have been
goaded to action by the loss of what
they consider fundamental constitu-
tional rights. Mr.. Roosevelt probably
would be more surprised than anybody
in America at such an ultimate result
In American history Of his present
course.
It Il, however, out of chaotic con-
ditions produced by the breakdown
Of controlled economy and by the
suspension Of constitutional guarantees
that fascism comes For this reason,
with all due respect to Mr.. Roosevelt's
confidence in his own project, he will
fnd in the next few weeks that there
are many persons who believe q sub
stantial program Of social reform de-
signed to improve the lot OF the COM
mon man can be written within the
Constitution, or that If necessary the
Constitution can be amended in the
way provided by the document itself.
The Presidents radio speech will
arouse to his side millions who have
not been familiar with the implica-
tions of one-man government and q
suspension Of constitutional govern
ment, but it will also arouse millions
more who fully understand the ma
ture of the present crisis in constitu-
tional government which Mr.. Roose-
welt has precipitated ip his anxiety
to take q short cut around the Con-
stitution.
Copyrisht. 1eSiJ