Mopping Up

Year ago when Franklin Roosevelt went before Congress to describe the State of the Union he delivered a message that was far less a communication than a challenge. It denounced "entrenched greed." "unscrupulous money changers," "discredited special interests," "political puppets of an economic autocracy." those who '" 'gang up' against the people's liberties." It was called the first gun of the campaign of 1936.

Last week Franklin Roosevelt again described the State of the Union to Congress, but in entirely different terms. Not one opprobrious epithet did he hurl, not one ringing denunciation. His words were of reason and goodwill, his attitude of sweetness and light. This year's message might fitly have been described as the closing gun of the campaign of 1936.

There was no need to denounce an opposition annihilated on Nov. 3, and the way was quietly prepared for mopping up that one opponent which election had not quelled.

Through cheering crowds Victor Roosevelt drove to the Capitol to start his mopping up. At the side door of the House wing, he shed his silk topper, his dark overcoat and revealed himself in his new uniform, a handsome ash-grey cutaway with trousers to match. The White House secretariat--Son James, Stephen Early, Marvin Mclntyre--racked their toppers in a row on the trunk behind the Presidential tonneau. and the official party entered the Capitol.

For the past half-hour, in the presence of the House and Senate assembled, Vice President Garner had been opening, Senators George and Austin. Representatives Tinkham and Fletcher counting, the vote of the Electoral College. State by State the landslide vote piled up. At the end the Vice President did not bother to announce the awesome total of 523 to 8.

When Franklin Roosevelt entered on his son's arm the crowded chamber rose and applauded not only the President of the U. S. but a conquering hero.

As the applause subsided, he took a firm grip on the sides of the lectern and began: "For the first time in our national history a President delivers his annual message to a new Congress within a fortnight of the expiration of his term of office. While there is no change in the Presidency this year, change will occur in future years.

"It is my belief that under this new constitutional practice the President should in every fourth year, insofar as seems reasonable, review the existing state of our national affairs and outline broad future problems, leaving specific recommendations for future legislation to be made by the President about to be inaugurated." Having settled that matter of precedent, Franklin Roosevelt settled down to what appeared to be almost such a workaday enumeration of the problems confronting the Government as Calvin Coolidge used to give. Chief difference was that the Roosevelt voice cloaked them with an aura of statesmanship. He mentioned that he would ask Congress for quick action to extend the expiring life of certain authorizations and powers (for example, RFC lending), to modify the Neutrality Act in order to provide an embargo against arms shipments to Spain, to pass a deficiency bill (to provide for Relief). He ticked off recommendations and reports on many subjects: Reorganization. "I find that this task of Executive management has reached the point where our administrative machinery needs comprehensive overhauling." Housing. "Many millions of Americans still live in habitations which not only fail to provide the physical benefits of modern civilization but breed disease. . . ." Tenancy-- "I do not suggest that every farm family has the capacity to earn a satisfactory living on its own farm. But many thousands of tenant farmers--indeed most of them--with some financial assistance and with some advice and training, can be made self-supporting on land which can eventually belong to them." Social Security. "In many nations where such laws are in effect success in meeting the expectations of the community has come through frequent amendment of the original statute." NRA-- Halfway through his speech, President Roosevelt had drawn numerous brief bursts of applause, had stirred his audience to no excitement. Then he came to the point which he wished to drive home: whether or not--all other opposition having been crushed--the Supreme Court was still to stand in the way of the New Deal. To approach it, he turned to the question of NRA: "Overproduction, underproduction and speculation are three evil sisters who distill the troubles of unsound inflation and disastrous deflation. . . . Sober second thought confirms most of us in the belief that the broad objectives of the National Recovery Act were sound. We know now that its difficulties arose from the fact that it tried to do too much. For example, it was unwise to expect the same agency to regulate the length of working hours, minimum wages, child labor and collective bargaining on the one hand and the complicated questions of unfair trade practices and business controls on the other.

"The statute of NRA has been outlawed. The problems have not. They are still with us." The Constitution. Loud and long was the applause greeting these sentiments.

The New Deal leaders of Congress-- Leader Robinson of the Senate, Speaker Bankhead of the House, and others such as Chairman Ashurst of the Senate Judiciary Committee--had declared for a constitutional amendment to achieve such aims. But the expression of pleasure on their faces suddenly changed to surprise at Franklin Roosevelt's next words: "During the past year there has been a growing belief that there is little fault to be found with the Constitution of the United States as it stands today. The vital need is not an alteration of our fundamental law but an increasingly enlightened view with reference to it. Difficulties have grown out of its interpretation; but rightly considered, it can be used as an instrument of progress and not as a device for prevention of action.

"It is worth our while to read and reread the Preamble of the Constitution, and Article I thereof which confers the legislative powers upon the Congress of the United States. . . .

"With a better understanding of our purposes, and a more intelligent recognition of our needs as a nation, it is not to be assumed that there will be prolonged failure to bring legislative and judicial action into closer harmony."

"Make Democracy Succeed." Early in his speech, referring to co-operation between President and Congress, Franklin Roosevelt declared, "You and I ... helped to make democracy succeed." In referring to the "great and permanent achievement" of the Inter-American Peace Conference, the phrase slipped in again: "The masses of the peoples of all the Americas are convinced that the democratic form of government can be made to succeed." In his peroration that phrase became a dart which he flung again & again against the Supreme Court which he never mentioned by name.

"The United States of America, within itself, must continue the task of making democracy succeed.

"In that task the legislative branch of our Government will, I am confident, continue to meet the demands of democracy.

. . . So, too, the executive branch of the Government must move forward in this task. . . .

"The judicial branch also is asked by the people to do its part in making democracy successful. We do not ask the courts to call non-existent powers into being, but we have a right to expect that conceded powers or those legitimately implied shall be made effective instruments for the common good.

"The process of our democracy must not be imperiled by the denial of essential powers of free government. . . . The people of the United States have made clear that they expect us to continue our active efforts in behalf of their peaceful advancement."

Significance. As an opposition party the Republicans of Congress did not do themselves proud on the President's message. Said Senator McNary, Republican leader of the Senate, "A strong document that will provoke some controversy." Said Representative Snell, Republican leader of the House: "A very strong and outspoken speech which should command the attention of the country." Equally vapid were the comments of most other Republicans, of most Democrats. Senator Ashurst, one of those caught offside on the constitutional amendment question, vaguely described the message as "apples of gold in pictures of silver."

Actually, Franklin Roosevelt had outsmarted not only the timid Republican minority but his own followers. His dispassionate tone, his modest admission of faults in NRA, his intimation that a constitutional amendment was not necessary were all mildly reasonable. He did not speak of making the Supreme Court keep step with New Deal aims but of bringing "legislative and judicial action into closer harmony." He did not demand, as he did in his horse & buggy declaration, that the Supreme Court swing into line, but said that the judiciary "is asked by the people to do its part in making democracy successful." His whole speech had the tenor of an appeal to the Court to put aside prejudices.

As an appeal to the judiciary it was hardly likely to carry much weight. The Justices of the Supreme Court have the Preamble and Article I of the Constitution already by heart. The Court long ago declared that the Preamble was only a declaration of pious hope conferring no power on the Federal Government. Furthermore, the particular subject matter, NRA, on which the President made his appeal, happened to be the one major New Deal project which no member of the Court, liberal or conservative, found constitutional. Thus the likelihood of a reversal is negligible.

But Franklin Roosevelt's appeal was the best possible preparation of the public for such a constitutional amendment or limitation of the Court's power as other New Dealers had hastily proposed. The political opportunity for taking such measures may well be an adverse decision on the Wagner Labor Relations Act or similar New Deal measures. The Court, however, must now dread taking such a step far more than if the President had taken a threatening tone. For now the Court itself rather than the President will appear to be forcing the issue. By his message to Congress Franklin Roosevelt outflanked the position of the Supreme Court. If and when it chooses to mop it up, the job will be three-quarters done.

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