Evening star., 1937-02-13
Roosevelt's Three Paths
The One He Chose on Supreme Court Is Seen as
Blank Check for Wishes.

for his economic purposes, then the
process Of achieving his economic pur-
poses by the method Of constitutional
amendment ought to take little time.
BY analogy to what happened about
the amendment repeating prohibition,
another amendment, II introduced In
Congress now, should be finally adopt
ed before the end Of the year.
So far as Mr.. Roosevelt's objection
to this method Is one Of time, 1t Is
not . convincing objection. II Mr..
Roosevelt has no purpose additional
to the economic purposes he discusses,
there Is no good reason why he should
not proceed along the path Of amend
ment to the Constitution.
A second method for bringing about
Mr.. Roosevelt's economic purposes aims
toward overcoming the disposition Of
a majority Of the present Supreme
Court to regard his measures as un-
constitutional. This method would be
to enact legislation requiring that the
Supreme Court can hold an act Of
Congress unconstitutional only II seven
out Of the nine justices agree. (va-
riations suggest six out Of the nine,
or the whole nineD This method Mr..
Roosevelt rejects because, he says, It
is Of doubtful constitutionality. It Is
doubtful, he says, whether Congress
has power to declare what number Of
justices shall constitute Q conclusive
majority Of the Supreme Court. In
taking this ground Mr.. Roosevelt is
supported by q large body Of thought.
Third Method His Own.
The third principal method Of at
tanning Mr.. Roosevelt's objectives Is
the one he has proposed. He would
have Congress give him power to name
six new justices Of the Supreme
Court. BY implication. Of course, the
justices he would name would be ones
who would declare constitutional the
measures he proposes. Presumably,
before appointing new Justices, he
would satisfy himself in advance that
their views coincide with his.
But to this method there Is one
disturbing objection. The justices
appointed by Mr.. Roosevelt would
validate legislation by Congress on
child labor and wage rates and hours.
But what would they. or might they,
validate in addition? They would know
that they owed their appointments to
Mr.. Roosevelt. They would know the
circumstances; they would know they
had been appointed for the specific
purpose Of interpreting the Constitu-
ton as Mr.. Roosevelt wishes it inter-
preted. Might Mr.. Roosevelt later ask
them to validate other measures, and
might they obediently validate them?
If Mr.. Roosevelt, seeking some future
purpose. should find the bill Of rights
in his way. might he ask his justices
to limit habeas corpus, or freedom of
opinion, or freedom Of education?
Asks for Blank Check.
In short, Mr.. Roosevelt, by the
method he has chosen, Is asking not
merely for specific purposes, but for .
blank check.
Ishould add that, since a very recent
and unanimous decision Of the Su-
preme Court competent judges think
that no one Of these methods is neces-
sary for the attainment Of Mr.. Roose-
velt's economic purposes. No change
in the Constitution Is necessary, and
no change in the Supreme Court.
Since the court q few weeks ago held
constitutional q statute forbidding
shipment Of convict-made goods into q
State which outlaws them, the path
lies straight and broad. Every State
can outlaw goods made by child labor,
or at wages below a legal minimum,
or under other sweatshop conditions.
Congress can enact that such goods
shall not be shipped into States that
outlaw them. It is safe presumption
that the Supreme Court, under the
convict-made goods precedent. would
uphold such legislation.
(Copyright, 1935.D