How Long the War?

While Congress was sweating this week over extension of rent controls,* the U.S. Supreme Court took a look at the rent-control law of 1947. As it has in other cases involving congressional war powers, the Court upheld the law's constitutionality. There was no dissent, but Justice Robert Jackson made a significant point about the "vague and undefinable" war powers under which it had become a law.

Said Justice Jackson: "No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. . . . In this case, the Government urged hasty decisions to forestall some emergency . . . and pleads that paralysis will result if its claims to power are denied. . . . I cannot accept the argument that war powers last as long as the effect and consequences of war, for if so they are permanent--as permanent as the war debts."

In another decision, the Supreme Court upheld, in effect, the investigating powers of the House Un-American Activities Committee. It refused to review an appeal by Communist Leon Josephson, convicted of contempt of Congress for refusing to testify before the committee last March.

* The Senate Banking Committee approved a 14-month extension, with "voluntary" 15% increases allowable.

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