Evening star., 1941-02-05

Thus the Supreme Court now says
that Congress through absolute
authority over interstate commerce
can regulate everything from pro-
duction to shipment of goods and
even the wages and hours involved
In the employment Of labor
But when it comes 10 interrupt
tions or impedimentS to the free
flow of commerce, the Supreme
Court construes the Federal laws
forbidding restraints of trade not to
apply to labor organizations or even
to the States themselves.
Magnified State Powers.
Within the last year, for example,
the Supreme Court has magnitled
the power of the States to tax COM
panies which do an interstate buSl-
ness and has even gone so far as
to require companies to pay prlvl-
lege taxes to the States where they
establish agencies. The fact that
all these hindrances to the flow of
commerce exist is ignored by the
Supreme Court for some strange
reason as yet unexplained. But the
inconsistency merely illustrates the
instability of the present Supreme
Court and its peculiar adventures
into the field Of social and economic
legislation.
There was a time when the Su-
preme Court felt that it must stick
to basic principles and establish so
far as possible uniformity of ap-
plication of a principle Sometimes
its reasoning was strained, but
there was at least a Semblance OF
consistency if not uniformity. To-
day, however, there is a different
approach. Each case is decided on
what the Supreme Court majority
considers the social or economic
good of the country. This is a
plausible objective. 1t can be found
also in Germany, where Chancellor
Hitler not so long ago instructed
the courts to decide cases according
to the public sentiment" of the
localities where the litigation occurs.
The battle over the enlargement
Of the Supreme Court in 1887 re-
volved around the alleged efforts
of the old court to legislate. Even
those who opposed any tampering
with the court admitted that there
had been a tendency toward legis-
lating through judicial decisions.
But the opposite extreme was not
anticipated, namely, that Supreme
Court would arise which absolutely
abandoned any thought Of checking
the unconstitutional acts of Con-
gress.
Submitted No Amendments.
Not only have there been no acts
OF Congress declared invalid since
1886, but the present administra-
ton has not ventured to submit to
the people any constitutional
amendments. Yet in the short
space Of three years the merger of
the executive and legislative
branches Of the Government has
resulted in more departures from
constitutional principle than any
other time in history, and CEN
tralization of government has gone
on unchecked.
There is, moreover, such a con-
fusion in the law of the land that
nobody can really advise a client
with assurance concerning the past
decisions of the present Supreme
Court, and the political approach
has come more than ever into the
picture Lobby lawyers are in far
more use today than ever before.
1t was Justice Stone who said
that the remedy for the people
against unwise legislation was not
IN the courts but at the ballot box
This is easier said than done in a
democracy which fights a presi-
dental election on the issue of
"appeasement" in the middle of a
war crisis whilst all other domestic
questions go by the boards.
Says Power Is Absolute.
The power of Congress over the
citizen is now absolute. The States
have lost virtually all their rights.
The commerce clause now has been
broadened to such an extent that
Congress can regulate anything it
pleases so long as it attaches the
fiction of ultimate relationship to
something that crosses State lines.
If an electric light plant in New
York City furnishes current to a
lawyers Office which in turn is oc:
cupied by lawyers who advise eli
ents in Pennsylvania the electric
light company could be held to be
engaged in interstate commerce.
This principle was established by
the Supreme Court in the labor
cases of the Consolidated Edison
Co. couple of years ago.
But when a New York City plant
buys coal in Pennsylvania and the
product moves into interstate COM
n1erce from Pennsylvania to New
York the city of New York has
been upheld in its right to impose
q sales tax on the coal, thus forcing
the consumers to pay higher price
for an interstate product than is
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