The Waterbury Democrat., 1937-02-27
/ BEHIND 4
THE SCENES
Go 4
WASHINGTON


washington, FEB. N--Slde issues
In the supreme court fight have
tended TO bury the fact that the
struggle Is based on q difference In
judicial philosophers among the
nine justices.
Roosevelt seeks fewer Justices who
construe the Constitution as Justic-
es Sutherland, Butler, Van Devarl-
ter, Reynolds, Roberts, and some
times Hughes construe 1t, and more
| justices who interpret 1t as Bran
deis, Stone, Cardozo-and, again,
sometimes Hughes-interpret It.
Conservatives, and many In the
legal profession. insist the court has
merely carried out the mandate Of
the Constitution in Its opinions.
Roosevelt contends that personal
convictions, theories or prejudices
have guided the majority.
"Only One Duty"
The conservative position was
taken by Justice Roberts when he
read the 8 to 3 adverse opinion In
the NAAA case, as follows:
"When an act Of Congress is APP
propriately challenged in the
courts as not conforming to the
constitutional mandate, the Judi.
cial branch Of the government
has only one duty: to lay the ar
ticle Of the Constitution which Is
invoked beside the statute which
fs challenged, and TO decide
whether the latter squares with
the former"
Roosevelt, as II in answer to this,
said in his message to Congress
Jan. 8, that means must be found
to adapt judicial Interpretation to
the actual present needs OF the
largest progressive democracy In
the modern world"
I'VE do not ask the courts 20
call nom existent powers into be.
ing" he said, "but we have n
right to expect that conceded
powers or those legitimateIy inn.
piled shall be made effective in.
struments for the common good,
The processes Of our democracy
must not be imperiIed by the de-
NAL Of essential powers Of free
government"
Roosevelt takes the position that
the Constitution needs no amend.
ing. provided Justices will interpret
it literally.
AAA Key Case
The key case In this argument,
II one may be singled out, was the
AAA decision. This involved the
federal program TO control agri-
cultural production, In which COM
pDance was obtained by offering
payments, the proceeds OF which
we're, derived from processing taxes.
The majority held that produc.
tiOn was a local matter, that the
law invaded state rights. II held
the regulation was not voluntary.
but compulsory. 1t held that such
legislation was unconstitutional,
because the Constitution did not
expressly grant Congress the pow
or to regulate agricultural pro-
duction.
Congress cannot invade state ju-
risdiction TO compel Individual ac-
ton: no more can 1t purchase such
action" said Roberts.
Uses Strong Language
The violent split within the court
was evidenced by the dissenting
opinion read by Justice Stone on
behalf Of himself, Brandeis and
] Cardozo.
"A tortured construction Of the
Constitution" Stone called the
majority opinion. He added that
IL curtailcd the power Of Congress
"by judicial fiat" and that It's
argument hardly rises TO the dig
nifty of argument" Furthermore,
II was Contradictory and destruc-
tive Of the power to appropriate
for the general welfare. and Is in
capable Of practical application.
-. The limitation nov. sanctioned
must lead 10 absurd consequences.
49,. While unconstitutional exer-
else Of power by the executive
and legislative branches Is subject
to judicial restraint, the only
check upon our own exercise Of
power :s our own sense Of self.
restraint"
Six months later. when the court
killed New York,s minimum wage
law s to 4, holding that 1t violated
freedom Of women to contract to
work at low wages, Stone charged
the verdict was governed by "per-
sonal economic predictions" This
was In direct conflict with Roberts
assertion that the court merely
lived up to the letter OF the Consti-
tuition.
Copyright. 1887. NEA Service, Incl
AHn.na~a