Evening star., 1944-03-04

hv the conserya- ~ :
tiyes, large David Lawrence.
number of people felt that expert
mentation was desirable. The use
of Federal funds to relieve unem-
ployment, as contrasted with the
previous policy of local handling of
relief, developed much controversy
but the electorate in 1886 apparent
y did not disapprove of the huge
deficits incurred and instead gave a
vote of confidence to Mr.. Roosevelt
The second term was attended by
even more controversy and more
emphasis, too, on the unWisdom of
the program of spending to get re-
covery. For the first time funda-
mental cleavage appeared also as to
the operation of constitutional gov
ernment. Mr.. Roosevelt revealed
Immediately after his second elec-
ton policy of opposition to the
judgments of the Supreme Court of
the United States. He boldly stated
that to amend the Constitution was
too cumbersome process and that
he believed American should rather
depend on judicial Interpretation.
Supreme Court Issue Recalled.
This innovation was far more sig
nif1cant than appeared at the time.
BY public crusade against the Su-
preme Court personnel, Mr.. Roose-
welt first tried to get additional
judges appointed so the court would
be composed of Is members and
then, when unable to get this legiS-
lation, decided to await naturally
occurring vacancies. By appointing
persons from his own official family
Mr.. Roosevelt secured his objective
The decisions of the Supreme Court
ever since 1896 have upheld the
legislation passed by Congress at the
request of Mr.. Roosevelt. Not a
single amendment to the Constitu-
ton has been submitted to the peo-
pie since Mr.. Roosevelt took Office
nor has single act of Congress
been declared unconstitutional since
1861 contrast with the preceding
period when nearly dozen cases OF
unconstitutionality were proclaimed
between 1888 and 1886
Today wages and hours, which
used to be thought to be outside the
control Of the Federal Government
wage negotiations, control of agricul-
tural production and unemployment
benefits and old-age compensation
are all ruled to be within the au-
thority of Congress. No amend
ments to the Constitution covering
these important powers previously
believed to be reserved to the people
or the States have been deemed
necessary by the administration.
This has led, in turn, to another
important change. Federal bureaus
and departments and boards and
commissions have been given au-
thority they never before were be-
1eved to possess. Today a Federal
bureau makes a finding of facts
and these are rarely, If ever, review
able by the courts. The New Deal
appointees on the Supreme Court
have in their decisions shown a
decided inclination to make the
bureaucrat absolute and the citizen
powerless even to get court review
on many basic issues.
Maybe the pendulum will swing
back some day but the Supreme
Court has done exactly what Mr.
Roosevelt wanted doneAit has con-
firmed the power of the national
Government to ignore State lines
and compel the economic interests
of the country to be considered as
within the Federal power.
Result Has Been Same.
Mr.. Roosevelt's method was open
to question. The result has been
the same and much of the bitter
ness and the controversy that to-
day surrounds his administration Is
due to this program of ignoring
change by constitutional amend
ment and depending on judicial in
terpretaton to supply more power
for a centralized government.
1t will be disputed, of course, but
there seems little doubt that Mr.
Roosevelt would have retired or been
retired at the end of a second term
were it not for the beginning OF
total war in the Netherlands and
Belgium and France on May 10
1910. The moment the emergency
was created, Mr.. Roosevelt's chances
for reelection were assured.
The grievances and opposition to
the Roosevelt administration have
increased rather than diminished
during the third term. The indie
pendent voters who felt that a
change in administration in 1910
might be harmful to the Nations
foreign policy played considerable
part in re-electing Mr.. Roosevelt
His chances for election to a fourth
term lie in the same group. No
body knows how big that group is
and whether the Republicans will
select some one who will have the
confidence and support of the lnde-
pendents. But big proportion of
the people at the end of eight years
did want a change and perhaps a
larger number want a change now
Mr.. Roosevelt has had the
breaks" in national politics. He
would have been defeated on purely
domestic issues in 1910. Have do
mestic issues merged with foreign
issues to such an extent that all the
elements of the opposition will tur-
nsh majority this time against
him?
Mr.. Roosevelt's II years merely re-
veal that he has not won over his
opposition but actually has intensi-
fed 1t. Only in the domain of wal
policies and peace issues does hi