Montana labor news., 1937-10-14
Principles Involved in Interpreting
the Constitution

The paramount necessity of justices of the
Supreme Court Of the United States being
persons of broad social vision able to realize
the importance of interpreting the Constitu-
ton in accordance with the lines set forth in
the preamble that it was adopted by the
people of the United States to promote the
general welfare" was plainly set forth by
Stanley Reed, Solicitor General of the United
States, in a radio address on "The Constitu-
ton" at the beginning of Constitution Week.
Mr.. Reed did not refer directly to the state
ment attributed to Chief Justice Hughes,
many years ago, to the effect that the Consti-
tuition is what the judges say it is, but it is
probable he had that automatic declaration
in mind in his assertion regarding the dis
agreements" that arise among the judiciary
relative to the application Of the accepted
principles" of the Constitution.
On this point, Mr.. Reed said:
ITO a jurist or judge stepped in the nine
teenth century philosophy of i~ndividualism,
governmental regulation Of the affairs of
mankind may seem arbitrary, capricious and
unreasonable and so, unconstitutional, while
to the majority of his colleagues or fellow
citizens the same legislation may seem en-
tirely consistent with the due process of law
which is required by the Constitution.
ITO one group Of judges a minimum wage
act is deprivation of the freedom of con
tract, while to another it is a means of safe
guarding liberty in a sound organization,
which requires the protection of law against
evils.
IF ones conception of a manufacturing
49, $780, -. Ill - -. IL. --As.4
carrying on production, separately from the
purchase or sale of raw or finished commodi-
ties, the effort of the Federal Government to
regulate the labor relations of that industry
appear as beyond the limits of the commerce
clause and as an interference with freedom
of contract.
"On the other hand, a realistic acceptance
Of the simple truth, that each establishment
is but a little cog in the machine Of commerce
and the right of labor to organize is c%orrela-
tive, with the right of employers to select
their employees and organize their business,
leads inevitably to the conclusion that the
Federal Government may exercise its power
over commerce to protect that commerce
from the threat Of disruption by labor CON
%troversies.
Many differences as to the limitations of
constitutional doctrines arise from the vary
ing attitude of judges toward social and eco
nomic problems"
1t is from persons who reason from their
varying attitude toward social and eco
nomic problems that the President of the
United States appoints the justices of the
Supreme Court. 1t is therefore i~ndisputable
hat the Chief Executive of the Nation, him
self a firm believer in the principle that the
Constitution should be a means to promote
the general welfare" and secure the bless
ings of liberty" to the people of the United
States, should select for this high judicial
office citizens who are loyal to the same phil
oSophy Of justice for the masses and who will
reflect that philosophy in determining the
rights of the people under our Fundamental
Law.