Evening star., 1937-02-26
THE POLITICAL
MILL
BY G. GOULD LINCOLN.

Senator william Z. Borah Of Idaho
yesterday made his contribution to the
ever-swelling list Of proposed constitu-
tional amendments. Under his amend
ment the individual States would be
given greater freedom in dealing with
social and economic problems within
their own borders. His proposal is to
amend the fourteenth amendment Of the
Constitution. particularly as it relates to
the so-called due process" clause. With
such an amendment in effect, he con-
tends, the Supreme Court could not hold
invalid the New York minimum wage
law, which the court threw out Of the
window as unconstitutional last year.
The Idaho Senator's plan is the re-
verse, in q way. of the proposals Of Presi-
dent Roosevelt, who would give to the
Federal Government the power to deal
with these economic and social prob
lems It doubtless will appeal to those
who still continue to believe in "sov-
ereign States" and in the doctrine of
States rights. It Is the contention Of
Senator Borah that each State has q
right to deal with its own individual
problems, affecting its own citizens, In its
own way. The President has contended
that these problems are often national
in scope and cannot be handled except
by the Federal Government.
The first section Of the fourteenth
amend, reads as follows:
"Al persons born or naturaliZed in the
United States, and subject to the juris-
n$t ,{& 1f toI
States and of the State wherein they
reside. No State shall make or enforce
any law which shall abridge the privi-
leges or immunities Of citizens of the
United States; nor shall any State de-
prive any person Of life, liberty, or prop
erty without due process of law; nor
deny to any person within its jurisdiction
the equal protection OF the laws"
The fourteenth amendment was sub
mitted to the States for ratification by
Congress in June. 1855. after the close
Of the Civil War and during the days Of
In July. 1868. The first section and the
succeeding three sections were designed
particularly to prevent discrimination
against the freed men and to punish
those who had been in arms against
the United States The second section
OF the amendment would cut down the
apportionment Of representation in Con-
gress of any State in which the right
to vote in presidential and congressional
elections was denied to male" citizens.
The intention was to protect the colored
citizens in the South from denial of the
right to vote. The third section denied
to those who had previously taken an
oath to support the Constitution-as
Senator or Representative, etc.--and
who had later born arms against the
United States. the right to hold office.
And the fourth section provided that
neither the United States nor any in
dividual State should pay any debt or
obligation incurred in aid of insurrec-
ton OF rebellion against the United
States, or any claim for the loss Of
emancipation Of any slave"
- y
There Is no slightest doubt that the
opponents OF President Rosevelt's bill
to permit him TO increase the member
ship Of the Supreme Court up to Is are
greatly encouraged. They have seen
Senator after Senator, liberal, Demo-
crat and Republican, announce them
selves against this proposal. Gradually
the administration forces, they say, are
being whitfield away in the upper house
There Is doubt now that the proposal
Of the President could obtain q ma
jority in the Senate. There are signs,
too, that many members of the House
are straying from the administration
fold.
Furthermore, the Senators are encour-
aged over the reaction against the Presi-
dents plan in many parts Of the coun-
try. And particularly are they pleased
at the attitude Of many Of the farmers.
and the failure Of the farm organiza-
tions to rush to the support Of the Presi-
dent in this matter Of the Supreme
Court. The National Grange is against
the court plan. The American Farm
Bureau Federation has not been willing
to commit itself for the plan, although
some Of the State federations are for 1t.
And the president Of the national Or
ganization of the Farmers Union, E. H.
Everson, has declared himself strongly
opposed to packing" the Supreme Court.
Out in Yankton, S. Oak, Everson said:
Personally, am no more In favor Of
making or attempting to make the Su-
preme Court of the United States rub
Der stamp than am in favor Of making
Congress a rubber stamp for the execu-
tive or any other department Of Gov
ernment."
Everson said he would not attempt
to say what stand the national organi-
Zation might take in the controversy but
that personally he would oppose re-
making the Supreme Court.
The National Farmers Union is con-
sidered the most radical Of the three
major farm organizations.
The administration leaders, including
Secretary Wallace, still maintain that
eventually the farmers will line up with
the President in this fight. But every
test Of sentiment In the agricultural
States Of the West and the Middle West
seems to show the sentiment running
the other way. This is naturally dis
appointing to the administration. II this
kind Of thing keeps up. and If more and
more democratic and liberal Senators
and Representatives in Congress an
nounce themselves against the President
in this matter, the chances are that some
kind of compromise will come to the fore.
There is even talk today Of the Presi-
dents accepting proposal for q con-
stitutional amendment, as companion
piece for his Supreme Court bill. the
operation Of the bill being contingent
upon the failure Of the amendment to
be adopted within q specified time.