Evening star., 1938-03-19
More Delegation of Power.


more of its powers and duties to the
Chief Executive. Under the rallying
cry, You do not trust the President If
you vote for the Wheeler amendment"
squeezed narrow margin of victory for
their Government reorganization bill.
The vote was forty-three against the
Wheeler amendment to thirty mine for it.
Had the Wheeler amendment been
adopted Congress would have retained
the right to pass upon any executive
order issued by the President under the
terms Of the reorganization bill. 1t
would have been compelled to act within
ten days upon such an order. Now that
the Wheeler amendment has been de-
feated, the administration bill stands.
It gives the President the right to re-
vamp the executive branch, transfer
ring, consolidating and eliminating
agencies. If Congress does not like
what he does, it can pass a bill or
resolution to that effect. In that case
the President may veto the bill or reso-
lution-as he can any other piece Of
legislation-and his veto can be over
ridden only by two-thirds vote of both
houses of Congress.
In other words, and to all intents and
purposes, the order of the President be-
comes final when he takes to reshuffing
the Government agencies. For it is, as
a practical matter, very difficult to over
turn presidential veto, especially when
the administration watches with pen
and pencil-and big stick-to see how
the Senators and Representatives vote.
Senator Wheeler of Montana, author
of the amendment which would have
retained for the Senate and the House
the power, by majority vote, to check
the President if Congress believed his
reorganization plans to be unWlse, made
a gallant lght. He was backed by other
Democrats, indeed by almost enough
Democrats to overthrow the administra-
ton in this contest. Many of them were
the same Democrats who declined last
year to give way to the President in his
demand that he be allowed to remake
the Supreme Court in order to get the
kind Of opinions he desired.
There were few of the anti-court bill
Democrats, however, who were unwilling
to stand out against the President in the
present contest. Had Wheeler been sup
ported by only three more votes the
administration would have suffered an
other rather telling defeat. That was
averted, however. The administration
victory was obtained only by desperate
means, with the Governors Of half a
dozen States bearing down on Senators
not to desert the President and with
Chairman James A. Farley of the Demo-
cratic National Committee cracking the
whip over others. Personal promises
were made to number Of the Senators.
The reorganization bill is on its way,
apparently, to final passage. 1t is true
that it has been revised since it saw
the light of day, and many Of the Sena-
tors say that it has been improved, that
1t does not place in the hands Of the
President power over some of the
quasi judicial commissions and boards,
for example. On the other hand, the
administration has won its fight for the
abolition of the Civil Service Commis-
sion and the substitution therefor Of
single administrator of the civil service.
It is likely that the ofhce of the con-
troller general will be abolished and an
auditor general set up with greatly
diminished powers.
The measure will materially increase
the powers of the President, although 1t
Is now claimed by administration sup
porters that these powers already belong
to the President in dealing with the
executive agencies It is obvious, how
ever, that no such strenuous effort to
change the law would have been made
II there were to be no accomplishment.
The new law will be just another step
in the direction of placing more power
In the hands of the Executive. The his
tory Of all Executives has been that when
power is given 1t is used.