The Fireside Chats of Franklin Delano Roosevelt: Radio Addresses to the American People Broadcast Between 1933 and 1944Roosevelt, Franklin D. (Franklin Delano)
History
The Fireside Chats of Franklin Delano Roosevelt: Radio Addresses to the American People Broadcast Between 1933 and 1944
Roosevelt, Franklin D. (Franklin Delano)
Depressions -- 1929 -- United States -- Sources; New Deal, 1933-1939 -- Sources; Roosevelt, Franklin D. (Franklin Delano), 1882-1945 -- Oratory -- Sources; Roosevelt, Franklin D. (Franklin Delano), 1882-1945 -- Political and social views -- Sources; United States -- Economic conditions -- 1918-1945
For nearly twenty years there was no conflict between the Congress
and the Court. Then Congress passed a statute which, in 1803, the
Court said violated an express provision of the Constitution. The
Court claimed the power to declare it unconstitutional and did so
declare it. But a little later the Court itself admitted that it
was an extraordinary power to exercise and through Mr. Justice
Washington laid down this limitation upon it: "It is but a decent
respect due to the wisdom, the integrity and the patriotism of the
legislative body, by which any law is passed, to presume in favor
of its validity until its violation of the Constitution is proved
beyond all reasonable doubt."
But since the rise of the modern movement for social and economic
progress through legislation, the Court has more and more often and
more and more boldly asserted a power to veto laws passed by the
Congress and state legislatures in complete disregard of this
original limitation.
In the last four years the sound rule of giving statutes the
benefit of all reasonable doubt has been cast aside. The Court has
been acting not as a judicial body, but as a policy-making body.
When the Congress has sought to stabilize national agriculture, to
improve the conditions of labor, to safeguard business against
unfair competition, to protect our national resources, and in many
other ways, to serve our clearly national needs, the majority of
the Court has been assuming the power to pass on the wisdom of
these acts of the Congress--and to approve or disapprove the public
policy written into these laws.
That is not only my accusation. It is the accusation of most
distinguished justices of the present Supreme Court. I have not the
time to quote to you all the language used by dissenting justices
in many of these cases. But in the case holding the Railroad
Retirement Act unconstitutional, for instance, Chief Justice Hughes
said in a dissenting opinion that the majority opinion was "a
departure from sound principles," and placed "an unwarranted
limitation upon the commerce clause." And three other justices
agreed with him.
In the case of holding the A.A.A. unconstitutional, Justice Stone
said of the majority opinion that it was a "tortured construction
of the Constitution." And two other justices agreed with him.
In the case holding the New York Minimum Wage Law unconstitutional,
Justice Stone said that the majority were actually reading into the
Constitution their own "personal economic predilections," and that
if the legislative power is not left free to choose the methods of
solving the problems of poverty, subsistence, and health of large
numbers in the community, then "government is to be rendered
impotent." And two other justices agreed with him.
In the face of these dissenting opinions, there is no basis for the
claim made by some members of the Court that something in the
Constitution has compelled them regretfully to thwart the will of
the people.
Public-domain text, read in full here on John Shaqi.
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