The times-news. [volume] (Hendersonville, N.C.) 1927-current, 1937-02-16
NEWSPAPERS OPINIONS
THE SEIZURE OF THE COURT

President say clearly what ne Is proPosiiS w Wv
the Supreme court. That is contained IN the OIL
which accompanies the message, and only from tne
hill does one learn that the President is asking for
the power either to Gust six justices and replace
them with his own appointees, or to add SIX JUS
t;ces of his own and thus make it reasonably sure
that there will be majority who think as he does
Mr. Roosevelt might well have shrunk from di-
rect avowal of the meaning of this proposal Its
sudacity is without parallel in American history
For while other presidents have quarreled with the
court no president has ever dreamed of asking for
the personal power to remake the court to suit him.
self.
In the light of this demand for the personal pow
or 70 Gust or to smother twothrds of the existing
court the reasons advanced by the President can
only be described as misleading. His message is an
able argument for many necessary reforms, lnelud-
ing the infusion of younger men into the Judlcia
system. Few will find any serious objection to the
argument But unfortunately the argument does
not deal with the central proposals. in fact it evades
it and hides It,
The central proposal is aimed not at judicial re-
form but at constitutional revision. For the TACT
is that the court as now constituted does not IN
terpret the constitution Mr. Roosevelt wishes 1t
to be interpreted, and what he is asking for is the
power to create new court which will conform TO
his will. Had Mr. Roosevelts proposal been made
by a president whose plans did not conflict with
the constitution it would be attractive reform.
Had Mr. Roosevelt made the proposal when there
were not six justices over 20, the proposal would
be what the message says it is: A suggestion for
invgorating the judiciary to expedite and modern
ize the administration of justice.
But in view of the fact that Mr.. Roosevelt's
plans have been in violent collision with the con-
stitution as interpreted by this court, in view OF
the fact that six justices happen to be over no. ana
that at least five of these six differ fundamentally
with Mr. Roosevelt this is no proposal for the KIND
of judicial reform which the message talks about
This is boodless coup detat which strikes dead
" blow at the vital center Of constitutional democ
racy.
To appreciate the character of this proposal, let
it be remembered that Mr.. Roosevelt has just been
triumphantly elected after campaign in which the
opposition challenged him to declare his views on
the constitution and the courts. Mr. Roosevelt re-
fused to meet that challenge forbade his support
ers to raise any issue in this field and denied the
people any opportunity to pass judgment on these
matters.
He next appeared before Congress early in jan
uary of this year. discussed the constitution and
the courts at some length, and set the weight OF
his authority against all the incipent efforts to
draft constitutional amendments, and submit them
to the people Then in the utmost secrecy he pre-
pared measure which goes beyond any amend
ment discussed by his most fervent supporters,
measure which gives him the power to create
court which will interpret the constitution as he
wishes to have it interpreted. With his own court
80 hn trn Ia A
submitting anne ndments to the people. For the new
court will make the constitution mean what he
wishes it to mean.
Thus, at three vital points Mr. Roosevelt has
moved deciSively to prevent the people from pass
ing mon the grant of power which Mr.. Roosevelt
thinks his administration should have. He suppress
ed the question in the campaign and would not let
the people vote on it. He defeeted the constitution
al amendments in January. The people would have
to ratify Them. And now he proposes to recon
struct the court by legislative act requiring only
a majority of a congress that is packed with his
personal supporters; this new court Will then, Dy
Interpretation, amend the constitution. The people
will have no opportunity to pass upon these amend
ments.
If the American people do> not rise up and de-
feat this measure then they have lost their instinct
for liberty and their understanding of constitution
al government. Let them consider the precedent
they will have consented to if they do not defeat
it. If by legislative act president can Dust two
thirds of the supreme court pack the court till
| it does his bidding, what is to prevent another
president from doing the same thing? Mr.. Roose-
welt, if he has his way, will make court that has
scant respect for many vested and historic rights.
His successor might be swept into office by tidal
wave of reaction such as not uncommonly is pro-
voked when progreSsives over-reach themselves If
\ Mr. Roosevelt can Gust the court created by Will
son, Harding, Coolidge and Hoover, his successor
may feel called upon to Gust the rump court Gre
ated by Roosevelt. And new court might very
we'll find ways of abridgng the bill of rights as
Mr.. Roosevelt's court would find ways of central
zing legislative authority.
i The precedent is evil If it is accepted that Mr..
Roosevelt can remake the Supreme court by chang
ing its personnel, any president with majority of
| congress behind him can do anything he wishes to
do. l dc not say that Mr. Roosevelt is dictator
or that he wishes to be one. But do say that he
/ is prOposing the precedent and