Show TON f DIG DIGEST IE S T 1 c tl Lj 11 WILLIAM BRUCKART BY DY PRESS WASHINGTON DC D Several Several times In f these columns I have ha adverted nd to criticisms t that Ii h n a t t. t Our have hare been made Constitution of or the Q Constitution tIon and hn have ve reported reported reported re re- re- re ported the nature of r attempts to obtain amendment of or that do document ment which Is as ns old as our nation Itself I have reported to you jou ou likewise how President Roosevelt himself had hinted l If Ir he lie lens Ins not sal said l frankly that the tLe Constitution ou ought ht to be he amended so that some of ot the policies pol po- Ides for which he hc and his New Deal stand could be mn made le operative I have called attention as ns well to an nn apparent assurance that there will willbe willbe be a political campaign battle next t year on these questions i Now because of ot developments within the past few v weeks I propose propose propose pro pro- pose to discuss another phase of or these attacks on the Constitution and nd th their lr concealed purpose Frankly Frank Frank- ly I cannot avoid the conclusion that many of ot the criticisms of or our Constitution have haye as ns their main objective ob ob- ob je Ue the clipping of ot wings of ot the Supreme court of ot the United States I aia nm convinced that many of ot the demands for tor amendment amendment- of or the Constitution Constitution Con Con- to permit broader latitude I by con congress are nothing more nor less than a n disguised move to take takeaway takeaway away awny some of or the In Independence which the court has hns and which In my opinion It ought ahva always s 's to pos pOSe sess Further I have hn no doubt that these borings from within represent represent represent sent the activities of those Individuals als of ot whom there are thousands who are not In s sympathy with our form torm of or government So I If I am nm to serve ser my purpose as jour our observer In Washington I would fall nh short of ot my duty were I not to say that In Inthe Inthe Inthe the election of or the next nt con congress lies lles the answer whether we will vill retain our Constitution nn and l our traditions as a n republic or whether hether we will lapse Into some sonic form orm of state socialism socialism so so- or of or orn a n proletarian government govern govern- ment meat akin to that of Russia It was hack back In 1001 I that the thc late Chief Justice Edward Douglas White a a former Unit Unit- Supreme eti ell states senator Court from froin the Democratic Demo Demo- cratic South and anda a n former Confederate sol soldier soldIer felt felt It necessary to make a public observation n tion about the work worl of our ur highest le legal nl tribunal At that time there ther were certain attacks ls and criticisms bein being heard none of a direct nature to the general effect that the Supreme Su Su- preme court followed the majority opinion of the nations nation's population There were likewise veiled remarks that the Supreme court attempted to usurp power which was not Us lis own S Stran Strangely ely present presen present day day t-day en criticIsm criticism t I. I cism and attacks have had much the same flavor To those of ot that day Chief Justice White said l No Instance Is afforded from rom the thc toun foundation of ot the tue government where an nn act which was within a n power pots conferred was declared to be rep repugnant repugnant Jg nant to the Constitution because it appeared to the Judicial mind tint that the particular assertion of constitutional constitutional power was eIther cither unwise or unjust I have heard nn and l no doubt yon you have hoard heard assertions by unthinking lag ing people to the lie effect that since the court has hns hel held l some New v Deal laws la unconstitutional It was simply old fashioned out dated date l or as ns Mr Roosevelt said Its decisions were svere I taking us back to the horse an anbu and bu buggy days s 's Of course nn anyone who has observed the Supreme court nn anyone one who h has is stu studied le l Its precepts nn and l examples nn anyone one who has hns considered con con- the soundness of at Its logic and n l ph philosophy 11 oJ a phy cannot help reachIng reaching reach rench- In ing a n conclusion that the Supreme court Is not now nn and never lIever has boon been an nn agency of government that Is susceptible to the effects ot of rabble rousing or Is Influenced by suddenly developed waves of ot public opinion It has consistently adhered l to to the principle of Interpreting laws nn and l fi administering Justice without regard for the tho effect of or Its Us decisions upon the political plans or aspirations of Individuals or groups I do 10 not believe that a n drive e to limit the power of the Supreme court or ir cr use It In any other way than as ns the Constitutions Constitution's drafters Intended will be he successful Many l people with whom I t have come conje In Ia contact conta t. t howe however er anticipate a u drive rl c or of serious Import It may be he that they wish to see bce It or It ma may be that tha t they believe belIce our Constitution Is not flexible and that we cnn can hardly change the Constitution withOUt without without with with- out chan changing ln the tue power of the Supreme Su Suo preme court Flow ever that may be It does oes appear that the hue time has arrived arrived ar ar- rived l for those who would be bc Americans Ameri Macri- cans cuns um and who would have AmerIca America last as us a n republic to be he on their guard nn and l to know before they vote ote for tor members of the thc house and senate senate sen sen- ate whether those members are ure goIng go go- o. o Ing lag to support and defend deren l the Constitution Constitution Constitution Con Con- the Supreme court and find the things for tor which the Constitution an and l court stand In our national life It Is a n non partisan non partisan question It Is a n anon non partisan non partisan Issue and I think It Is of ot as ns much Importance as any ques qUes- tion before the American people today tollay C CC All of or this Is highly Important because because be be- cause of pen pending ln cases In the Supreme Su- Su preme court I nee need l only recall to you ou that there are before the tue court for a adjudication cases Involving tho the validity of ot the Agricultural Adjustment Adjustment Adjust Adjust- ment act the tue rI right ht of ot the federal government to control labor and employers em em- plo ers as It has done In the Guffey Coal Coa bill the program of government government govern govern- ment meat In business as fiS represented by bythe bythe bythe the creation of the Tennessee va valley val val- ley Icy electric layout a out nn and l the sales of ot Its product In competition with private private vate Industry and four or five Dve others others others oth oth- ers of ot lesser consequence I think It Is generally agreed l that the court will hold some some of ot these legislative policies to be unconstitutional Certainly Certainly legal opinion Is thoroughly divided and some of ot the lawyers ers must be right In their guesses as ns to the courts court's decrees In that event there will be disappointments Tho Those e officials who have sponsored the various programs and projects that are arc now come Into question will trill suffer suITer because their pride le will be bo hurt The he next step a n result that always obtains the disappointed I ons on's ones ons will attempt to find a n goat on whom they can cnn In lay the blame The I goat gont undoubtedly will be the Supreme Supreme Su Suo Su- Su preme court but the general reverence reverence reverence rev rev- i hel held l for the court will not permit open attacks upon It Instead Instead In In- stead l. l these disappointed ones will se seek k to accomplish their purpose In another way namely b by chan changes cs In Inthe th the tue Constitution that will trill curb the lie power of ot the court It will not bethe bethe be bethe the first time that this tills has been done lone or that drives against th the court have taken talen place Proposals to chan change e the power of ot the court by constitutional amendment or otherwise other other- wise trise occurred In 1823 G S. Inthe in inthe inthe the SOO's ISDO's anti and n ain In 1023 Fortuna Fortunately For For- tuna tely con congress ress rejected those proposals In every ery Instance It Is Isto Isto isto to be hoped that congress will trill do It n fro n. n 0 Now we ve have a total of four proposals proposals pro pro- In congress designed to accomplish ac rue- chan changes chunges es In the power of ot the court Probably the most im- im Im Important of these Is that by Senator Norris of ot Ne Nebraska who a advocates locates a constitutional change e tint that would give the Supreme court exclusive power to pass piss upon constitutional questions of law an and to pass on those questions within six si months after enactment of oC the legislation In question On the surface this would appear to be a merItorIous proposition but I have ha found In discussing It with men equipped to analyze ze the proposal pro It contains some elements clements of grave dnn danger er If It such a n provision were st operative at nt the present time for Instance It would be he ens easy for some of the lie brain t to td make C It Impossible for the court ever e to have an nn opportunity to declare the act constitutional or al The course that was pointed l out outto outto outto to me une was this By y the expedient lent of ot allowing n a new law to be Inoperative tive U through h non enforcement non for a n period perlo l of six months Its terms could could- never neer he be brought Into question If the n administrative official did not seek to enforce the lie law nn and l bring violators to the lie bar of the court within the thc m six month period the law would go on the thc statute books until repealed by congress S S Senator Norris likewise has argued ar nr- nr- nr gue gued l that the lie Supreme co court rt should never be allowed l N Norris Norris' orTIs f to declare leclare an nn act Argument u unconstitutional unless two two thirds thirds of at the nine Justices were In agreement agree agree- m ment nt In that regard l. l lie has hns bitterly bit bit- terly opposed l rulings of the court which were decided le l on a five fire to four basis so It seems the lie Nebraska senator senator sen sen- ator may have a beautiful theory that could easily go off orr at nt a n tangent when applied to humans Most of the thc lie other proposals now In con congress ress will trill get get nowhere In con con- and therefore there here fore reference to them will trill be omit omit- te ted l. l It remains as a possibility however however how how- ever that lint the next t election could coul l bring In enough Irn rabble rousing rabble rousing demagogues demagogues dem lem ngo ues to put through resolutions proposing that the Constitution ton be bo amended ell Of or course those resolutions thins from Iron congress have to be adopted l b by the thc 18 43 states but It has nha always s been the case that If It proposed pro pro- posed amen amendments to the Constitution Constitution tion are arc ch checked ell I In congress tess the major battle hattle has hurts been won st I do lo not know ImO nor do o I care to predict how the lie farmers of ot the country will react to a n decision bythe bythe by bythe the Supreme court holding A AAA un un- un constitutional Certainly they lucy will Ill willbe willbe be disappointed but whether this disappointment will result In a 1 concerted con con- movement by them hem to amend the Constitution Uon to permit operation of present AAA policies Is a questIon question question ques ques- tion only time can answer There Is this much that can be saI said however un and l It has hus no DO relation to politics I belh believe e they will rC regret let It If Jt they seek to open up ip tile the Constitution to amendments e Western estern Newspaper Union |