Show WASHINGTO DIGEST it blatta Tl atta im i M BY WILLIAM BRUCKART NATIONAL PRESS BLOG WASHING I 1 ON D S washington several times la in these there 11 alli columns I 1 have adverted to criticisms that have been made our of the constitution constitution and add have reported the nature of at tempts to obtain amendment of that document which Is as old as our na tion itself I 1 have reported to you likewise how president Roop roosevelt evelt himself alf had hinted if he has not said frankly that the constitution ought to be amended so that some ot of the pol n r iches tor for which he and his ney kew deal stand eland could be made operative I 1 have bave called attention as well to an apparent assurance that there will be a political campaign battle next nest year on those these questions naw because of 0 developments within n the past few weeks I 1 propose to 11 discuss another phase of these attacks 4 R on the constitution and their concealed purpose frankly I 1 cannot avoid the conclusion that many of the criticisms of our constitution have as their t main objective the clipping of wings of the supreme court of the united states I 1 am convinced that many of the demands for amendment of the constitution n to permit broader latitude af by congress are nothing more nor less than a dis bulsei move to take away 71 tome some of the independence which the i court has and which in my opinion it ought always to possess further I 1 have no doubt that these borings bolings bo rings from within represent the activities of J L those individuals of whom hom there are thousands who ho are riot in sympathy with our torm form of government so if I 1 am to serve my purpose as your observer lo in washington I 1 would fall isfort bhart of my duty were I 1 not to say that in the election of the next nest con hlf y V gress lies the answer whether we will retain our constitution and our traditions as a republic or whether we will lapse into ant some form of state socialism or of a proletarian government akin to that of russia it was back in 1901 that the oie late chief justice edward douglas white a former united supreme states senator from court the democratic south and a former confederate soldier felt it necessary to make a public observation about athe the worl work of our aur hl highest hest legal trl at that time there were certain attacks and criticisms being heard none of a direct nature to the general effect that the supreme court follow follower foll owea eZI the majority opinion of the nations population there were likewise veiled remarks that the supreme court attempted to usurp power which was as not its own strangely present presen day a criticism and attacks have had much uc the same came flavor to those of 0 that at day ay chief justice white said no Ins instance tunce Is afforded from the foundation of the government where an act which was within a power cn ci berred was declared to he be repugnant to the constitution because it appeared to the judicial mind that the particular izilar assert assertion lon of constitutional power was either unwise or unjust I 1 have heard and no doubt you have I 1 beard assertions by unthinking people to the effect that since the court has held some new de deal tl laws unconstitutional it was simply old fashioned out dated or as sir roosevelt sald said its de were taking us bark back to the i horse and buggy days of course anyone who has observed the supreme preme court anyone who has studied its pret cents and examples anyone who hns has considered the soundness of its logic I 1 band and philosophy cannot help reaching a ja conclusion that the supreme court Is ff tot cot now and never has been an agency k f of government that Is susceptible to n athe the effects of rabble rousing or Is in influenced q by suddenly developed waves y 1 of public opinion it has consistently g adhered to the principle of interpreting ping laws and administering justice I 1 without regard for the effect of its den g upon the political plans plan or aspirations of individuals or groups M j I 1 do not believe that a drive to limit the power of the supreme court or use r alt it in any other way than as the ibe con I 1 t drafters intended will he be suc cess fUl many people with whom I 1 have fa acome come in contact however anticipate a arlve drive of serious import it may be that they wish to see it or it may be that they believe our constitution Is not suf stif anciently flexible and that we can hardly change the constitution without I 1 bout changing the power of the I 1 supreme supreme up reme court Ilo however weTer that may be it does appear that the time has arrived for i those who ho would be americans and iwho who donld have america last as a republic to be on their guard and to A knew before they vote for members member of cf the house hoille and senate cenate whether those rd members are going to support and le de fend the constitution the Sti supreme do court and the thin for which the and court stand in ID our national twe lire life it Is 18 a nonpartisan non oon partisan question it Is a non nonpartisan partisan issue and I 1 re think it Is of as cinch importance as 0 any question before the american peo aple today 0 0 0 0 all of Ms li Is highly lit bly important because of pending cases in the supreme court I 1 need only recall to you that I 1 r there are before the court for ad judica i yon von case involving the validity of the I 1 agriculture adjustment act the right of the federal government to control labor and employers as it has done in the guffey coal bill the program of govern mentIn business as represented by the creation of the tennessee valley electric layout and the sales of its product in competition with private industry and four or five others of lesser consequence I 1 think it Is generally agreed that the court will hold some of these legislative policies to be unconstitutional certainly legal opinion Is thoroughly divided and some of the lawyers must be right in their guesses as to the courts decrees in that event there will be disappointments those officials who have sponsored the various programs and pr projects oj that are now come into question will suffer because their pride will be hurt the next nest step a result that always obtains the disappointed ones will attempt to find a goat on whom they can lay the blame the goat undoubtedly will be the supreme court but the general reverence held for the court ft not permit open attacks upon it instead these disappointed ones will seek to accomplish their purpose in another way namely by changes in the constitution that will curb the power of the court it will not be the first time that this has been done or that drives against the court have taken place proposals to change the power of the court by constitutional amendment or otherwise occurred in I 1 1823 ag in the IMs and again in 1023 1923 fortunately congress rejected those proposals in every instance it Is to be hoped that congress will do it again now we have a total of four proposals in congress designed to accomplish changes in the power of the court probably the most important of these Is that by senator norris of nebraska who advocates a constitutional change that would give the S supreme u court exclusive power to pass upon constitutional questions of law and to pass on those questions within six months after enactment of the legislation in question on the surface tills this would appear to be a meritorious proposition but I 1 have found in discussing it with men equipped to analyze the proposal it contains some elements of grave danger if such a provision were operative atthe at the present time for instance it would be easy for some of the brain br lin trust to make it impossible for the court ever to have an opportunity to declare the act constitutional or unconstitutional the course that was wag pointed out to me die was this ry by the expedient of allowing a new law to tn be inoperative through enforcement non for a period of six months its terms could never be brought into question it if the administrative official did not seek to enforce the law and bring vio gators to the bar of the court within the six month period the law would go on the statute books until repealed by congress gress 0 0 0 senator norris likewise has argued that the supreme court should never be allowed to declare norris norrid an act argument lional unless un ess t two wo thirds of the nine justices were in agreement in n thit that regard lie ile lias has bitterly opposed rulings of the court which were decided on a five to four basis so it seems ceina the ne braska senator may have a beautiful theory vint thit could easily go off at a 0 tangent when applied to humans most host of the other proposals now in congress will get nowhere in con gressional gress lonal consideration and therefore reference to them will be omitted it ii remains as a possibility however that tha the next election could bring la in enough rabble cousin rousing demagogues to put pui through resolutions proposing that tin constitution be amended of course cours those resolutions from congress have to be adopted by the 43 states but it ii has always been the case that if pro posed amendments to the constitution are checked in congress the major bat tie has iwen been won I 1 do not know nor do I 1 care to pre diet how the farmers of the country countr will react to a decision by the Su prem nir court holding AAA unconstitutional certainly they will be disappoint ea but whether this disappointment will result in a concerted movement ba b them to amend the constitution to per mit mil operation of present AAA poll cie Is a question only time can answer there Is this much that con can be said however and it his has no relation I 1 tr politics I 1 believe they will it if they seek to open up the consal aution to amendments if they do succeed they will nill then find that thai all of the other interests interest in this countr will be clamoring for changes ch an asand and the result probably be a muddy mesa mem 0 western newspaper union |