Salt Lake Telegram | 1935-06-21 | Page 19 | Forced Constitution Tests Regarded as 'Good Tactics'

Forced Constitution Tests Regarded as Good Tactics' Tactics CANTON N N. Y June 21 AP AP Howard Lee McBain of Columbia university told the tho conference I on Canadian-American Canadian affairs today that it would be good tactics for the president to jam am through as many new deal laws Jaws of doubtful constitutionality as s possible 4 Dr McBain argued such a course courso wo would ld Increase the support for a constitutional amendment to enlarge the he powers of the national government government govern govern- ment mont to regulate business He said he assum assumed d the president still till held the view expressed on May 31 31 just after acter the tho supreme court had md stricken N R A off oft the statute books Outside the conference Dr McBain McBain McBain Mc Mc- Bain intimated that he believed the present resent social security and the tho Wagner Wag Wag- Vagner ner ncr bills as described in the press came ame under the head of the doubtful doubt I tul ful ul constitutionality At the time of his famous press interview of May 31 he said Mr Ro Roosevelt sevelt was evidently of the opinion opinion ion on that in the light of the decision throwing out N R A little littlehat that hat is really reformatory In the po- po economic system can be accomplished ac- ac short of or amending the constitution this Is If view It would be good tactics for him to drive through congress as many new deal bills of ot doubtful constitutionality as ashe ashe ashe he can and to hasten these laws to toan toan toan an early judicial decision as to their cons constitutionality ti tu The more toes that are trod upon by the firm but gentle feet of ot the supreme court following as it almost must the hard beaten paths of or constitutional constitutional con con- construction there are must decisions as well as a must list of laws the tho larger will be the number of these who will be prepared prepared prepared pre pre- pre pre- pared for constitutional amend amend- ment The president would not of ot course encourage the drafting anc and enactment of laws known to be Unconstitutional unconstitutional unconstitutional un un- constitutional for the deliberate purpose purpose pur pun pose of arousing opposition to the constitution But if it he believes a law to be otherwise good the mere fact of Its Us being held unconstitutional unconstitutional may prove to be grist for his mill for ultimate reform