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"Although the powers given to the Executive branch of the government during the past ten days by Congress may not be constitutionally delegated, the Supreme Court can easily find a basis on which to approve the legislature's acts," according to an authority on constitutional law at the Law School, when interviewed last night. "During the past years, the Supreme Court has developed the Emergency doctrine. By backing such measures as the Adamson Act, dealing with the General Strike emergency in Wilson's administration, it was acknowledged that 'freedom of contract' may be abrogated in time of stress. There is every reason to believe that the Court will pronounce these measures constitutional."
Many differing opinions were obtained from members of the Law School faculty and other authorities on constitutional law. One expert said, "I do not question that it is an excellent idea to give these powers to President Roosevelt, but it is clearly an unconstitutional act. Several years from now, after the emergency has passed, the Court will undoubtedly declare these measures void."
Court Decision Doubtful
Another opinion was that the constitutionality of a law today was hard to determine. "The Court has decided so many cases, that it can find a basis for decision either way. The convictions of the Justices are what count in the final reckoning. Five of them today are liberals and four of them are conservatives. Therefore, I think it is more than likely that the acts will be upheld by the Court."
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