Evening star., 1937-02-22
Judiciary
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Presidents proposals into two parts,
one providing for a speed-up of lower
Federal courts and the other author
iZing up to six more Supreme Court
justices if members over 10 do not
retire.
Senators who have not yet COM
snitted themselves still held the bal
ance of power. Senator Nye. Re-
publican, of North Dakota, came out
last night against the program. bring
ing the number of announced oppo-
nents to 80. At the same time, Senator
Green, Democrat, of Rhode Island
expressed support. bringing to 81 those
who have publicly favored it.
Four Major Objections.
Nye said he had four major OBJ
jections to Mr. RooSevelt's Supreme
Court proposal:
First, because the plan does not
and cannot touch the judicial power
which is standing in the way OF
progress;
Second, because it misleads the
people and thus is doing great harm
to real progress;
Third, because it involves a direct
challenge to the people who alone
have the power to change the funda-
mental law,
And finally, because We have not
resorted to the orderly process of cor
recting the faults before falling back
upon shortcuts which can only tend
to weaken and shake the foundations
of governments upon which American
hopes are built"
Favors Amendment to Override.
Nye said he favored the constitu-
tional amendment proposed by Sena-
tors Wheeler, Democrat, of Montana
and Bone, Democrat, of Washington
to empower Congress by two-thlrds
vote to reverse a Supreme Court de-
csion invalidating a law. A con-
gressional election would have to in
tervene.
mo greater commentator could be
made concerning the amendment thus
proposed" he added, than to say 1t
is to be submitted to the people"
Nye declared he did not view the
Supreme Court as sacred, but added:
We should jealously guard against
letting an immediate irritation hast
fly drive us to impair essentia OF the
constitutional structure"
Green opposed constitutional
amendment on the ground it would
take too long and might give the Fed
eral Government too much power.
This is not just a question" he
Said, "of patient waiting fo" deSir-
able reform to be brought about in
the indefinite future. It is a question
of 100000 of the destitute and
scores of millions of the very poor
demanding a decent living now.
THE President and those agreeing
with him are to my mind the true
conservatives today. They seek to
maintain our eXisti-S institutions,
whereas those opposing him are un-
consciously forcing the abandonment
of these institutions by tilnng the
ground for any demagogue to SOW his
seed"
Declaring the Constitution now gives
all necessary power, "if it is literally
construed in the light of present con-
ditions," Green said:
This does not mean packing the
court with men committed to any spe-
cific measures. 1t means Sc
curing justices with minds open to
new ideas and familiar with the prob
lens of current life"
Assertions that the President wishes
to become dictator, he said, are
absurd.
The plan," he asserted, docs not
impair in the slightest the independ-
ence of the judges now on the bench
or judges to be appointed in the fu-
ture. 1t does not make any change
in the American doctrine of judicial
review"
Nye's Stand in Full.
In approving the Wheeler-Bone
constitutional amendment proposal,
Nye said
Il am completely out Of sympathy
with those processes by which
the Supreme Court majorities have
thwarted the will of the people when
they have sought to build for better
opportunity for themselves and to win
q larger share of reward for their
labor.
Emergencies arise, as they have,
when the process Of amending the
Constitution is too slow and ineffec-
tive to permit Congress to do its full
duty to the country. AS a layman, I
fear the laws delay in hours of great
national crisis. I am strongly in
clined to the view that a method
should be devised whereby, duly safe
guarded, the Congress may revalidate
an enactment which the court has
found invalid. I am sure this can
be done.
Senators Wheeler and Bone, both
nationally known progressives, both
opposed to the Presidents plan, yet
mindful of the need for amplifcation
of congressional powers, have prepared
an amendment to the Constitution
which would permit Congress to re-
pass and thereby validate an enact
ment.