Evening star., 1939-04-23
Historic Day in Supreme Court
Stresses Sharp Realignment
Mondays Decisions Fulfill Roosevelt's Statement
on Social and Economic Trends in First
Inaugural Address
Bv RAYMOND p. Brandt
By Raymond P. Brandt.

davs In the Supreme Court. The 2l de-
eisions handed down clearly revealed as
rarely before the sharp changes In the
courts personnel and the consequent
radical reversals on social, economic ana
governmental problems.
In 1885, shortly after the rejection OF
the National Industrial Recovery ACT oy
a unanimous court, President Roosevelt
told a hushed press conference that ov
the decision in the Schechter case we
have been relegated to the horse-and-
buggy definition of interstate commerce
Monday, Justice McReynolds, speaking
for himself and Justice Butler, asserted
in a minority opinion in the Fainblatt
case, which also hinged on the courts
definition on interstate commerce, that
there had been change Of direction.
no longer capable of concealment," re-
sulting In the "curtailment OF inde-
pendence reserved to the States and tre-
mendous enlargement of Federal power"
which denote the serious impairment
of the very foundations of our Federal
system"
President Sees Fulfillment.
Thus, in less than four years President
Roosevelt has seen a fulfillment OF the
statement in his first inaugural address
that "our Constitution is so simple and
practical that it is possible always to
meet extraordinary needs by changes IN
emphasis and arrangement without loss
of essential FORM" He himself lost faith
in that declaration in 1887 when he de-
manded a revolutionary reorganization
of the court to meet modern economic
and social conditions. yet today, after ne
has appointed four of the nine members.
his concept of the Constitution Is shared
to a large degree by a majority of the
court
The N. R. A. decision of May 1885,
was not the only court rejection of
fundamental New Deal measure. IN
January, 1886, the court by 6-to-3
division, invalidated the original Agri-
cultural Adjustment Act, holding pro-
duction" in agriculture purely local
concern and not within the powers
delegated to the Federal Government
The momentous change in the courts
attitude came in 1887 while the President
was battling for enactment of his court
enlargement plan. There were the up
holding of the Wagner Labor Relations
Act, which recognized greatly extended
powers of Congress over interstate and
even intrastate commerce, and the late
Justice Cardozos majority opinion, in
the Social Security Act test case, which
&pheld the administration's interpreta-
Hon of the taxation and general welfare
4lause of the Constitution. The latter
decision in effect reversed much of the
courts reasoning in the original A. A.
"A. case.
Permanent Trends Indicated.
OF the 81 decisions last Monday, dis
closed what seem to be permanent trends
by the majority and permanent divi-
sAons in the court personnel. AS to the
grouping of the nine members it now
seems likely that in a precedent-making
case there will be set of three opinions
the usual majority and the minority
opinions, plus concurring opinion COM
planning that the majority had not gone
= far enough. Labels are often misleading
In describing court opinions, but with
the proper qualifications, the divisions
might be called liberal for the ma
jority, conservative" for the dissents
when they are by Justices McReynolds
or Butler, and Roosevelt liberal" for
concurring opinions when written bv
Justices Black, Reed, Frankfurter or
Douglas.
BY far the most important decision
Monday was the upholding of the Ag-
ricultural Adjustment Act of 1898 as
applied to tobacco marketing quotas.
Justice Roberts, who in 1896 wrote the
opinion invalidating the original A. A. A.
law, spoke for the majority. Justices
McReynolds and Butler dissented, de.
claring the majority opinion had IN
effect reversed the courts finding in
the original A. "A. A. case and in other
highly regarded former decisions, includ-
Hammer vs. Dagenhart, the celebrated
child labor case.
If the minority opinion, written by
Justice Butler, is the correct interpreta-
ton OF the majority opinion and its
implications, the wages and hour law as
q whole, and particularly the child labor
provisions, will be upheld by the Supreme
Court.
Not Specific Reversal.
The majority opinion did not specifi-
cally reverse the holding in the original
A. A. A. case. Justice Roberts diff
ferentiated between the production"
end the marketing of agricultural
products and held that the imposition
Of a so per cent penalty on the sale OF
overquota tobacco did not control pro-
duction.
The law, the majority declared, "pur-'
ports to be solely regulation Of inter-
state commerce, which 1t reaches and
affects at the throat where tobacco en-
ters the stream Of commerce-the mar
keting warehouse e. Any rule, such
as that embodied in the act, which is
intended to foster, protect and conserve
that commerce, or to prevent the flow
OF commerce from working harm to the
people of the Nation, is within the
competence of Congress.
within these limits the exercise OF
the power, the grant being unlimited
IN its terms, may lawfully extend to the
absolute prohibition of such commerce
and fortiori to limitation of the
amount Of given commodity which
may be transported in such commerce.