Evening star., 1939-06-07

Dor was 5-to-4 decision of the
Supreme Court in which the majori-
ty said Congress could not use its
regulatory power over commerce
for an object beyond the Constitu-
ton, namely, the control of produc-
ton. whereas the minority in the
court insisted that the power to
regulate commerce is the power to
prohibit it altogether.
Has Embargo Power.
The Supreme Court. in the last
couple of years, has upheld the in
chnation of Congress to stretch its
regulatory power over commerce to
the point where the Federal Gov
ernment actually can exercise a pro-
hibltory Or embargo power altogeth-
er. So it is no longer necessary for
constitutional amendment to be
passed to give Congress specific
power over the products of child la
Dor which happen to move into in
!, terState commerce. And as for prod
ucts that do not move into inter
state commerce, the Supreme Court
decisions nowadays are sufficiently
broad to include anything which
even remotely affects interstate
commerce. 1t seems to be relatively
simple for the lawyers of the De-
partment of Justice and other Gov
ernment boards and commissions to
contend that anything done within
State lines affects interstate COM
merce, and the court promptly ac-
Cepts the dogma Of the New Deal
attorneys.
The latest decision Of the Supreme
Court, saying the child labor amend
ment is still live enough to be acted
upon Notwithstanding that it has
been buffeted about in State Legis-
latures for more than 20 years, is a
reminder that there was a time
when fundamental changes in con-
stitutional law were made by the
people through the customary
amendment process. Today this
method no longer is used Congress
has not voted to submit a single
amendment to the Constitution to
the people in the last three or four
years. Instead. there is reliance now
on the Supreme Court to amend the
Constitution by judicial interpreta-
ton.
Heretofore. the power of the Su-
preme Court has been exercised to
add or subtract from the Federal
power within narrow limits Con-
siderable emphasis has been placed
by the court upon the Importance of
amending the Constitution in the
11,I,p
tai issue was at stake. Thus, the
regulation of wages used to be re-
garded by the court as a matter for
the reserved powers of the people or
the States. Likewise, the matter of
maximum hours, except on the rail-
roads, has been held to be within the
province of the States. Control of
production was held throughout
American history, until recently, to
be matter for regulation by the
States. if at all. Employer -employe
relations, except on railroads. were
held until 1897 to be outside the
Federal power.
Amendments Unnecessary.
Today, all these things have been
implication of Supreme Court deci-
sions which have failed to arrest the
general usurpation of power by the
Federal authority. No longer is it
deemed necessary to offer an
amendment to the Constitution in
the regular way, because the COM
merce clause of the Constitution is
being interpreted by the Supreme
Court to include almost everything
that Congress could possibly wish to
do to regulate business and indus
Try, as well as individual occupa-
tional rights.
IhlS trend toward a centralized
Government, sustained by Supreme
Court DECISIONS presents a problem
not unlike that faced by parliament
tary governments abroad, which
1ound 1t necessary to concentrate
authority in a collaboration of the
executive and legislative branches,
but with this proviso-that the peo-
pie could instantly change the per-
sonnet and not be compelled to wait
1our years to secure change in the
executive office or two years, or, in
eoine cases, TOUR or six years, to Sc
cure a change in the legislative
branch of the government.
II Capitalization increases, and the
amending process provided in the
constitution is to be abandoned in
favor OF judicial Interpretation and
extension of congressional authority,
then the only check on such central
lzatlon may come in the introduc-
ton OF more flexible system of re-
call, whereby public opinion can eX-
press itself on particular issues and
change either the executive or the
legislative officials when funda-
mental issue touching constitutional
power arises.
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