Evening star., 1947-08-12

IL e " i f~~ -~"A~@ASSs
under which some Of the labor union
leaders are proceeding is that Con-
gress has no constitutional right to
regulate how expenditures shall be
made in connection with Federal
elections.
If the theory is upheld, it means,
of course, that corporations as well
as labor unions hereafter may spend
millions of dollars to influence the
outcome of a Federal election and
that Congress Is powerless to pass
\ any remedial legislation.
" Test Seen Welcomed.
The labor union effort to test the
law probably will be welcomed by
many corporations, which for years
have felt they were unduly dis
eliminated against in being pro-
hibited from using paid advertis-
ing space or from distributing
printed literature urging the elec-
ton or defeat of particular candi-
dates in Federal elections.
For, if the Supreme Court OF the
United States says that the pro-
vision OF the Taft Hartley Law regu-
lating campaign expenditures is un-
constitutional, then it means cor
porations, too, would be at liberty
to spend unlimited sums in connec-
ton with elections.
Past decisions Of the Supreme
Court in number Of cases have
affirmed the constitutional power of
Congress to regulate expenditures in
connection with an election. The
power has not been as clear with
respect to primary elections as 1t
has been with final elections. 1t
may well be that the courts would
draw a distinction, in which case
expenditures on primaries might go
unregulated.
But Congress has been up against
this before and in connection with
huge expenditures in primaries In
Michigan and Wisconsin. While
there was no legislation on the
statute books, Congress assumed the
right to bar from seats those who
had spent excessive amounts.
If an excessive amount were spent
by a labor union to elect members
of Congress, it would not be neces-
sary for a specific provision OF the
statute to cover that contingency
so long as both houses of Congress
retain the constitutional power to
make their own rules OF admission.
1t could well happen that MEM
bers of Congress elected through
labor union support, in defiance OF
the provisions governing expendi-
lures. would not have their court
tests completed by the time 1t
would be necessary for each house
to act on the eligibility of newly
elected members. Thus, well-rnean-
ing supporters who defy the Taft
Hartley Laws provisions on cam
paign expenditures might be doing
a disservice to their friends by
engaging in apparent law violations,
Rights Qualified by Courts.
But there is no certainty, OF
course, that the Tatt-Hartley Laws
sections on campaign expenditures
will be ruled unconstitutional by the
courts. Many laymen. however, noS
familiar with the reasoning used by
the Supreme Court in upholdlng
laws regulating campaign contribu-
tions have jumped to the CONCLUSION
that the Hartley Laws provl-
sidns interfere with the rights OF
free speech and freedom of assem-
bly,.
AS a matter of fact, constitutional
rights have always been quallfled
by the courts. The power to regu-
late elections could be in certain
respects a limitation on the right
to freedom of speech and the, press.
So also is the law of libel. So also
is the law prohibiting newspapers
from printing lottery numbers. so
also is the law against printing
obscene matter.
The theory behind the constltu-
tional power to regulate elections
is that the right of Congress to
protect the people against undue
restraints and undue influence,
particularly through the use OF
excessive amounts of money, is
within the regulatory power OF Con-
gress because freedom of elections
is more important than an unl1m-
tied right of expenditure.
1t would seem incredible that
Congress would be held to be with
out any means of protecting the
people against the use of slush
funds concentrated on particular
Congress member who votes his
convictions and who is himself lin
tied as to the amounts he can spend.
The labor-union lawyers probably
know better but are using the court
test idea on campaign expenditures
as means of propaganda and
publicity in fighting the Taft
Hartley Law itself.
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