Evening star., 1937-07-20

p'o''"'o" Va W. 8a&sa&A I&&&
not be sacrificed
merely to meet an immediate situa-
ton"
The New York Governors pro-
nouncement, coming as it does as
the Senate reaSSembles to choose a
leader to succeed the late Joe Robin
son. is the strongest possible testl-
monv that Mr. Roosevelt, contrary
to the Judgment of those who have
supported him and who believe in
the New Deal as whole, has set HIM
self stubbOrnly against the tide OF
constitutional procedure. 1t appears
that the Governor of New York, seV-
eral months ago, tried TO dSSuade
the President from his present course.
Now the fundamental character of
the whole controversy comes to the
surface. It was, of course, plainly in
dicated by the President in his let
ter last week to Senator Barkley
wherein Mr.. Roosevelt disparaged the
time -honored method of amending
the Constitution He said that since
10 States now can block an amend
ment, the existing process is unde-
sirable
What the President has failed to
DO, however. is TO point to a single
instance where exactly l3 States have
ever blocked ratification of a conSti-
tutional amendment.
Wanted Laws Adopted Quickly.
The record shows, on the other
hand, that, when any substantial
number of States want an amend
ment, it goes through to ratification.
In the case of the last two amend
ments, the process took less than lS
months.
Mr.. RooSeyelt'S new declaration can
only mean that he believes an act OF
Congress, driven through by a Presi-
dent possessed of patronage and other
instruments Of political pressure, is
to be regarded as the equivalent Of a
constitutional amendment. Already
he has said that he wants justices TO
sit on the Supreme Court who share
his conception of what the Consti-
tuition means.
Mr.. Roosevelt has often been ac-
cused by his opponents Of wishing to
destroy the Constitution or at least
to subordinate its processes to his
own will or assertion of power, but not
until now has he given proof in writ
ing that he wants to abandon the
traditional method of making changes
in the Constitution.
The founders of the Republic were
not concerned with the power of l3
States to block an amendment. They
were much more interested in look
ing at the three -fourthS ma jority idea
They wanted to make sure that a
preponderant sentiment Of the peo-
pie favored a change when change
was proposed. Thus. when the Con-
stitution was adopted just $50 years
ago, the three-fourths rule meant
that four out of the 13 original States
could block an amendment.
Washington Voiced Warning.
There was, moreover, a keen appre-
citation in the very first few years of
the Republic that attempts might be
made some day to change the Con-
stitution by "usurpation of power -
and George Washington specifically
warned against that method recon-
mending that changes be made in the
Constitution only by the method and
formula set forth in the Constitution
itself.
Mr.. Roosevelt has been dissatisfied
for some time with the present method
OF amending the Constitution, and
he has succeeded in stirring up dis
cuSslon among various radical groups,
including sections of the National
League OF Women Voters, whereby
changes in the Federal Constitution
would be made by an easier method.
that is, easier from the standpoint of
vested political interests
The usual argument that conStitu-
tional amendments take too long is
not borne out by the facts Customary
illustration given is that Of the child
labor amendment, but the records
show that this was rejected by more
than majority of the State Legisla-
lures within a relatively short time
after the proposal was first submitted
by Congress for ratification or rejec-
tion. 1t was several years after this
definite rejection that the effort tc
ratify the child labor amendment
was revived, and, even if this second
step We're now considered by itself
there are nearly 20 States which have
said no"
Short of Thirds Vote.
The real reason for the Presidents
reluctance to use the regular methoe
OF getting constitutional changes i!
that he does not have q two-third!
majority in both houses of Congress
for his extreme proposals. II he wer'
to suggest a constitutional amendment
to bring about an enlargement Of th'
Supreme Court, for instance, or t,
remove some of the sitting members
he never could get It through
Whatever the people may hav,
been led to believe about the characte
Of Congress as consequence Of al
accumulation Of cynical comment owe
period of years. the Congress of thu
United States today contains larg'
proportion of independent-mind
men whose votes cannot be Influenced
by presidential patronage either II
the form of appointments for thei
friends or public works projects fo
their communities.
An indestructible Union can be pre-
served much better when it is stipu
lated that changes in the underlyini
charter must be made by more thar
81 per cent of Congress and Of tn,
States than by ignoring this process
altogether and permitting circumven
ton. World history shows that revo
lutions and civil wars spring from
tho disregard OF the rights Of a mi.
nority.