Evening star., 1941-02-06


merce clause so that centralized
government in Washington, as the
policeman and regulator of all the
interests of the citizen that touch
on business of any kind. is here to
stay.
This eVolution-or revolution as
some may call it-haS been so grad
ual that it apparently occasions to-
day no upheaval of public opinion.
Time was when the regulation of
the hours of work or the rates of
minimum pay were considered mat
terS for the States to fix. The
courts went considerable distance
IN establishing the principle that
hours of work were related to health,
especially of women, and this
brought in series of laws fixing
hours. But when it came to the
matter Of minimum pay, the Su-
preme Court of the United States
said No" The States could not
30 the decisions ran-fiX minimum
rates of pay any more than they
could fix maximum rates of pay
Wages, it seemed, we're so closely
related to the rights of the people
that neither Federal nor State
governments were considered to
have the power to fix them.
Demanded Federal Laws.
Unever situations in various
States were soon construed, how
ever, to be damaging to the cause of
the worker and there came an in
sistence on uniform system. Presi-
dent Roosevelt declared that it was
not adequate to let the States do it.
He demanded that the Federal Gov
ernment apply uniform laws gov
erning minimum wages and maxi
mum hours.
The one thing that stood in the
way was the Constitution as inter-
preted by justices for a number of
years. Such jurists were called re-
dictionary because they were charged
with standing in the way of prog
ress. But the truth is history may
record that they were the true lib
erals, for they stood staunchly
against allowing fundamental ques-
tions of this nature to be legislated
upon by judicial decisions.
Today the New Deal dominates the
Supreme Court and it Is considered
proper by the radicals to use the
Supreme Court to write legislation,
including laws that Congress itself
has specifically refrained from writ
ing. Mr.. Roosevelt has publicly pro-
claimed that because three-fourths
Of the States must ratify an amend
nent and hence 13 States can block
reform, the method is too cumber-
some.
Another Way of Putting 1t.
This is but another way of saying
that the Constitution itself is out
n1oded and that the end, if benevo-
lent, fully justifies the means. Not |
q single amendment has been sub
mitted to the people by the Con-
gress in the last eight years even
though the New Deal party has had
q two-thirds vote in both houses
which is ample to assure passage
OF a resolution requiring submission
Of amendments to the States.
The Supreme Court has constantly
heretofore guarded the interests of
the people and when in doubt has
refused to validate statutes involving
q fundamental change in constitu- |
tional doctrine, preferring to have
the people pass upon each issue In |
the way provided in the Constitu-
ton itself Now all this is changed |
The way is opened for Congress to |
fix all wages, control all labor unions |
and to confiscate anybody's business
ut any time.
The 10th Amendment has always
been believed to be a check against |
abuse of the Constitution by either
the States or the Federal Govern
ment. That's the clause which pro-
vides that all powers not specifically |
granted to the States or the Federal
Government are reserved to the
people" This week the 10th Amend
ment was practically discarded For
when the Supreme Court said Con-
gress had full control over COM
merce and construed commerce to
ulcdl anything vi cFcI ylllulS IlldJ
touches the economic life of the
country, the court gave to the Con-
gress virtually unlimited power over
all that the citizen may do or not
do 1t would be hard to think of any
rights now reserved to the people"
which cannot be taken away by the
new Interpretation of the commerce
clause
There are many who will defend
the enlarged view of the commerce
clause. Americas increasing popu-
lation, they say, doubtless required
that commerce be considered ma
tional. But the precedent of usurp-
ing power without letting the people
pass on it concretely has been estab-
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