Show A 4 W V RUN NG 1 1 IGES r m BY W WIILIAM 11 LIAM BRUCKART NATIONAL PRESS SLOG washington UC DL washington several times in these columns I 1 havo adverted to criticisms that have been made our of the constitution constitution on and have reported the nature of attempts to obtain arlen amendment dment of that document which Is as old as our nation itself I 1 have reported to you likewise how president roosevelt himself had hinted liln ted if he has not said a id frankly that the constitution ought to be amended so thit some of the policies f for r which he and ills his new deal stand could be made operative I 1 have called attention as well to an apparent assurance that there will be a political campaign hattle battle next nest year on these questions now because of developments within the past few weeks I 1 propose to discuss another phase of these attacks on the constitution and their concealed purpose rankly frankly F I 1 cannot avoid the conclusion that many of the criticisms of our constitution have as their main objective the clipping of wings of the supreme court of the united states I 1 pm nm convinced that many of tile the demands tor for amendment of the constitution to permit broader latitude by congress are no nothing thang more nor less than a disguised move to take away some of the independence which the court has and which in my opinion it ought always to possess further I 1 have no douht that these bolings borings bo borin rings gs from within the activities of those individuals of whom there are thousands who are arc not in sympathy with our form of government so if I 1 nm am to serve my purpose as your observer in washington I 1 would fall short of my duty were I 1 not to say that in the election of the next congress lies the answer whether we will retain our constitution and our traditions as a republic or whether we will w ill lapse into some form of state socialism or of a proletarian government akin to that hat t of russia it was barb back la in 1904 that the late chief justice edward douglas white a former united supreme states senator from court the tha democratic south nod and a former confederate soldier felt it necessary to t 0 make a public observation in about the work of our highest legal tribunal at that time there were certain attacks and criticisms being heard none of f a direct nature to the general effect that the supreme court followed the majority opinion of the nations population there were likewise veiled remarks that the supreme court attempted to usurp power which was not its own Strang strangely elv present day criticism and attacks have had much the tame same flavor to those hose of that day chief iii justice stice white said no instance Is arford afforded PI from the foundation of the government where an net act which ans within n power conferred berred was declared anred to be repugnant ignant to the constitution because it appeared to the judicial mind that the partle particular assertion of constitutional constitution til power was other unwise or unjust I 1 have heard and no doubt you h have a ve heard assertions hy by unthinking people to t the h 1 I t that since the he court I 1 has s bield lip some nv new deal laws kinnal it w was as simply old fashioned out daled da tedor or as mr roosevelt said its decisions were taking us bi buck to the horse and buggy days of course anyone who has observed the lie supreme court anyone who has studied its precepts and examples anyone wl who 10 has considered the soundness of its logic and philosophy cannot help reaching a conch conclusion ision that the supreme court Is not now and never has s been an agency of government that Is susceptible to the effects of rabble rousing or Is influenced fluen ced by suddenly developed waves of public opinion it has consistently adhered to the principle of bf interpreting laws and nI mInistering justice without regard for the effect of its decisions upon the political plane plana or aspirations of individuals or groups I 1 do not believe tant a drive to limit the power of the supreme court or use it in any other way nay than as the constitutions drafters intended will be successful cess ful many people with whom I 1 have come in contact however anticipate a drive of serious import it may he be that they wish to see it or it may be that they bel believe level our constitution Is not sufficiently flexible and that we can hard bard ly change the constitution without changing the power of the supreme court however that may be it does appear that the time has arrived for those hose who would be americans and who nho would have america last as a republic to be on their guard and to know before they vote for members of the house and senate whether those members abers are going to support and defend the constitution the supreme preme court cour and the things for which the cons constitution and court stand la in our national tire life it Is a nonpartisan non con partisan question it Is a nonpartisan non partisan issue and I 1 think it Is of as much importance as any question before the american people today all of this Is highly important because of pending boses in the supreme court I 1 need only recall to you that there are before the court for ad apt c tion cases involving th abd tbd validity of the agriculture adjustment act the right of the federal government to control labor and employers as it has done in the guffey guffry coal bill the program of government in business as represented by the creation of the tennessee valley electric layout and tile 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 come 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 rams and pro projects j that are now come into question will suffer because their pride win be hurt the next nest step a result that a 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 will not permit open attacks upon it instead these disappointed ones will seek to accomplish their purpose in another way li namely amely by changes in the constitution that will curb the power of the court it will not be the first time that this has liven done 0 or r that drives against the court have taken place proposals to change tile the power of the coart by constitutional amendment or otherwise occurred in 1823 3 1816 1868 in tile the ams and again in 1023 fortunately congress rejected those proposals in every instance it Is to be hoped that congress will do I 1 it t again now we have a tot il of four proposals lu in congress designed to accomplish changos changes in the power of the court probably tile the most important of these Is that by senator norris of nebraska who advocates a constitutional change that would give the supreme court exclusive power to pass upon constitutional questions of in law W 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 hut but 1 I have found in discussing it with will men equipped to analyze the proposal it contains some elements or of grave danger if such a provision were operative at the present time for instance it would be easy for some of the brain trust to make it impossible for the court ever to have an opportunity to declare the act constitutional constitution il or unconstitutional constitutional 0 the course that was pointed out to we me was this by the expedient of allowing a new law to be inoperative through enforcement non for a period of six months its terms could ul d never be brought into question if the administrative of olli liela cial did not seek to enforce the law and bring violators to the bar of tile court within the six month period tho flip law would go on oa the statute books until rel repealed by congress senator norris likewise has argued that the supreme court should never be allowed to norris borns an act argument dional unless two thirds of the nine alno justices justice were in agre agreement emont in ili that regard ga rd lie ile has bitterly opposed rulings of tile the court which were decided on a five alve to four basis so it seems flip nebraska senator may hive have a beamut 1 rul theory that could easily go olt off a at t a tangent when applied to li humans most of the other proposals now in congress will get nowhere in congressional consideration and therefore reference to them will be omitted it remains as a possibility however that the next election could bring in enough rabble rousing demag demagogues go gues to put through resolutions proposing that the constitution he be amended of course those resolutions frow from congress have to be adopted by the 48 43 states but it has always boen the case that it if proposed amendments to the constitution are checked in ili congress the major battle has been won I 1 do not know nor do I 1 care to pre diet dict how the tanners farmers of the con country will hlll react to a decision by the Sti supreme preme court holding AAA unconstitutional certainly they will be disappointed but whether this disappointment will result in a concerted movement by them to amend the constitution to permit operation of present AAA policies Is a question only time can answer there Is this much abl can be said however and it has no rel relation atlon to t politics I 1 believe they will regret it if they seek to open up the constitution to amendments if they do succeed they will then find that all of the other interests in this country will be clamoring for changes and the result probably be a muddy mess 0 western newspaper union |