Evening star., 1937-03-10
More Candid Revelation.

Inc PRESIDENT denneS his stand on
the court issue more clearly as he pro-
ceeds. The suggestion of subterfuge so
plainly associated with the original mes.
sage on the court has been withdrawn.
There is nothing wrong with the Con-
stitution. Our difficulties result from
Its Interpretation. There is nothing
wrong with the court as an institution.
The trouble lies with the individuals
who compose it. A sound public policy
has been defeated" because five justices
will be over seventy-flve years of age
before next June and one will be over
seventy. The plan is not to pack the
court" by the appointment to the bench
OF "spineless puppets" who would in
terpret the laws las wish them to be
decided" The plan is to appoint to the
court justices who will not undertake
to override the judgment Of the Con-
gress on legislative policy who
will act as justices and not as legisla-
tors"
The Presidents premise is that the
court stands in the way OF progress, as
he sees progress, because an unusual
number of its members are over seventy,
and have therefore lost their vision. The
way to reopen the path to progress is
to silence the voices of men over seventy
who might choose to remain on the court.
Men hereafter appointed to the court
under the Presidents plan must not be
merely under seventy to qualify, how
ever, nor must they be "spineless pup
pets" They must be men who will not
undertake to override the judgment OF
Congress on legislative policy" And the
legislative policy, under President Roose-
velt is the policy of the Executive.
In the early part of his speech last
night the President alluded to the fact
that the early trainers Of the Constitu-
ton gave to Congress all the powers
needed to meet every problem which
then had a national character and which
could not be met by purely local action"
They went further:
Having in mind that in succeeding
generations many other problems then
undreamed OF would become national
problems. they gave to the Congress the
ample broad powers to levy taxes -
and provide for the common defense and
general welfare OF the United states.'"
They did something else. They pro-
vided methods whereby the Constitution
might be changed to meet new conditions
or to take care of conditions which the
original document overlooked. This de-
vice has been utilized twenty-one times
in the amendment of the Constitution.
Why is it an unfit device now? First,
because nobody can agree on what
amendment is desired. Does that not in
itself obscure the objective which is to
be reached? Second, because it would
take too long. Does the salvation of the
Nation depend on what is done In the
next six months?
Taking note of the nature of his oppo-
sition, the President last night made one
concession which he has hitherto over
looked. He divided his opponents into
two camps. There are the same sinister
economic royalists, of course, who have
opposed him before. And there are those
who honestly believe the amendment
process is the best" Compared with his
denunciation of all opponents in his last
speech, this concession is of great sig
niflcance. For the President has admit.
ted that conviction in opposition to his
own may be an honest conviction.
Needless to say, this conviction has
been made stronger and even more hon.
est by the Presidents candid revelation
OF his purposes as outlined last night.