(3 of 4)
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."