Evening star., 1937-09-26
The Court Issue.

II there have been any indications that
the people of the Midwest and the West
are strongly supporting President Roose-
welt IN his plan for the enlargement Of
the Supreme Court, they have not been
mentioned in the dispatches giving an
account of the Presidents progress across
the continent. In fact, the reverse seems
to be the case. Democratic Governors
and other leaders have been quoted as
saying that the people are not interested
in the court issue.
The President himself has not def
nitely and by name discussed the court
bill in the speeches he has so far made.
He may do so. In fact, it was widely
heralded that he was going West to
continue his drive for the revamping of
the Supreme Court, and possibly to put
the heat" under some of those Demo-
cratic Senators who voted against him
on that issue. One statement that the
President made to the effect that he was
more interested in objectives than in
methods might be interpreted as mean
ing that he would seek some other path
toward his court objective. If so, he has
not yet disclosed it.
There is good reason to believe that
many of the Democrats of the West, as
we'll as those of other parts of the coun-
try, would be delighted if the President
we're to abandon his plan to tamper
with the Supreme Court of the United
States. They believe that in the end
the issue, if it is raised, will lose the
President votes rather than win them.
In the Presidents Constitution day
speech, made not long before he left
on his Western trip, the Chief Executive
plainly said that there is nothing in the
Constitution which gives the Supreme
Court the power to pass upon the con-
stitutionality of legislation. In this he
is mistaken Whether his statement in
dicated the launching of another meth
cd" of gaining his objective with regard
to the court, time will show. He might
deny the court the right to pass on
legislation and its constitutionality, or
some modification of that denial. Such
method could take the line of de-
manding that law may be declared un-
constitutional only by two-thirds, or
greater ma ajority, of the Supreme Court.
Or it could provide that law should
stand as constitutional if. after the
court held it unconstitutional, it was re-
enacted by two-thirds vote OF both
houses of Congress Even that, however,
is regarded by some as requiring con-
stitutional amendment, there being no
present provision in the Constitution
permitting congressional vote, however
large, to override a court decision.
The political leaders of his party in
the West appear to have impressed upon
the President the interest which the
voters feel in a continuance of Federal
spending, in further legislation for the
benefit of the farmers and the workers.
They do not see why this cannot be
obtained without tinkering with the per-
sonnel of the Supreme Court.
Once the President, on his present
trip, referred to Democrats who give lip
service alone to the New Deal Outside
of this comment he has given no indi-
cation so far of any attempt to defeat
Senators and Representatives, of his own
party, who defied him on the court issue.
Until the President has completed his
ton, however it will not be possible
to estimate fully what he may have in
his mind, with regard to either the court
bill issue or to the men who have op-
posed him on that issue.