Proposed Amendments

The report of this 5-4 decision, coming so soon after the rejection of the Child Labor Law, was followed at once by the renewal of three proposals which are steadily increasing in popular favor: 1) A constitutional amendment to require a 6-3 decision of the Supreme Court to overrule acts of Congress. 2) Senator Borah's proposed amendment requiring a 7-2 decision to overrule an act of Congress. 3) A constitutional amendment which will broadly recognize the right of States and of Congress to exercise their "police power" for social justice. The third proposal, a blanket amendment, would make unnecessary a new amendment for every new piece of social legislation. Many believe the provisions of the Constitution are broad enough now to permit legislation making for social justice. But if five members of the Supreme Court do not think so, let there be an amendment which will satisfy their legal scruples. The Supreme Court has already upheld social legislation based on the police power. Laws regulating hours of labor, housing conditions, etc., are all based on the police power. The Minimum Wage Law would have been tolerated on the same grounds, if Mr. Taft had had his way.