xt7wwp9t2q46_79 https://exploreuk.uky.edu/dipstest/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dipstest/xt7wwp9t2q46/data/59m61.dao.xml American Liberty League 37 linear feet archival material English University of Kentucky This digital resource may be freely searched and displayed. Permission must be received for subsequent distribution in print or electronically. Physical rights are retained by the owning repository. Copyright is retained in accordance with U. S. copyright laws. For information about permissions to reproduce or publish, contact the Special Collections Research Center. Jouett Shouse Collection (American Liberty League Pamphlets), No. 82 "The Real Significance of the Constitutional Issue" Speech of Raoul E. Desvernine before the Economic Club, New York City, December 3, 1935 text No. 82 "The Real Significance of the Constitutional Issue" Speech of Raoul E. Desvernine before the Economic Club, New York City, December 3, 1935 2013 https://exploreuk.uky.edu/dipstest/xt7wwp9t2q46/data/59m61/59m61_82/Am_Lib_Leag_82_001/Am_Lib_Leag_82_001.pdf section false xt7wwp9t2q46_79 xt7wwp9t2q46 AN INVITATION TO JOIN THE
AMERICAN LIBERTY LEAGUE * *
The Beal Significance I
We extend to every American citizen who believes in g
the fundamental principles which gave birth to the E gf
Constitution of the United States an invitation to be- E
come a member of the American Liberty League. Q Iggug
You may indicate your acceptance of this invitation E
by filling in the necessary information as to your name E
and address on the enrollment blank below and mailing Q
o it to American Liberty League, National Press Building, E * * *
Washington, D. C. `
There are no fees or dues. If you are willing and able g L
to give monetary help for the League’s support your E
contribution will be appreciated, as our activities are g S h f
supported entirely by the voluntary gifts of our Q , pccc 0
members. A Q
RAOUL E. DESVERNINE
ENROLLMENT BLANK Q
Member National Advisory Council
iDat°**·—"·—"*"‘—‘ and Chairman of the National
I favor the principles and purposes of the American § Lawyers Committee of thc
Liberty League and request that I be enrolled as a E American Liberty League
"°g“1“” member.
*contributing g before the
Sigm1ture Economic Club, New York City
December 3, 1935
Name (Mr. Mrs. Miss)
g A
.... Street § QRIQ
al Town ; 0 °
F ‘°4> v°
E ry \,€
County State §
*As a contributing member I desire to give $________ AMERICAN LIBERTY LEAGUE
g ‘ National Headquarters
to SI1pp0I`t tl1B activities of the LCHQIICS Cash hB1`B· g _
with Installments as follows:______________ WASHINGTON, D. C. —
" ir ir
g Document No. 82
The Real Significance of the
Constitutional Issue
*k
THE very fact that the topic "The Real
Significance of the Constitutional Issue” is
selected as fitting for this public discussion ad-
mits that the Constitution has become a national
issue. That issue has been raised by challenges
against the adequacy of our Constitution to meet
new political, social and economic conditions.
c V It is alleged that our present political mecha-
nism is antiquated and defective, and that it
li must be replaced with something more efficient
and up-to-date. These challenges are made
` directly by some who frankly advocate amend-
ment; and indirectly by others who are at-
P tempting to adapt our Constitution to these
HEN you have finished with this new conditions by novel interpretations and
forced applications of the Constitution.
PamPhles Please Pass ir on tv same The issue raised by those advocating amend-
friend ci- acquaintance who might be ment is clear cut and proper. lt is the constitu-
interested, calling his attention to the uonally Prescribed method of changes our
fundamental law. The very presence 1n the
membe'shiP blank vn Page 24· Constitution itself of an expressly defined pro-
cedure for its amendment clearly shows that
the probable need for amendment as times and
conditions changed was clearly foreseen. The
. prescribed procedure for the adoption of
amendments assures the States and the people
the fullest opportunity to consider and deter-
V . mine for themselves whether or not they de-
sire a proposed amendment. The people, the
ultimate repository of sovereign power, would
thus voluntarily and deliberately exercise their
sovereign rights and express their deliberate
n sovereign judgment.
j IT SEEMS to me, however, that many of those
in high places who are dissatisfied with our
Y present constitutional system, are, nevertheless,
not inclined to present this clear-cut issue to
i I the American people. If they were, they would
propose an amendment. Their political
3
sagacity has undoubtedly wisely told them that IN THE limited time allowed me I will strive
Suche proposal at this time might mean their to prove the fact that the real significance and
political defeat and, therefore, they are pro- Consequences of what is being attempted and
rnoting their object1ves 1n a more subtle and less advocated is to bring about a fundamental
nsrllii mmmcn _ h d t , d d s change in the form and substance of our con-
_ h B Btggcstlshn tt it Fmggt t;“’“Su;i1;‘;1;n°d stitutional government without giving the
wu out gwmg c CX 0 W Y , , people even the opportunity to expressly pass
ment should be, has been made as a pol1t1cal u On the to Used chan CS
"trial balloon” by several oflicials of the Admin- P P P g t
_ _ A d h b H d , To reach a sound and reasoned answer to
lstrauom men ments atm can 0 are m this proposition, we must approach the facts
Congress but the Sttonstirshlp of thgsc iugtgnllit of the situation absolutely impartially and in a
ESM? _ca1m?t be dlmcty Ezniictc t the i scientific spirit, not as militant propagandists
Administration to as to Dis 1 ah Y 8ayH a C or partisan zealots. Personalities and party
m3‘}‘St”'t‘°;t if espoilsgig cm°f ’, OWCYCL _ afiiliation are of no consequence. Great issues
Smmb 1i1gS’ tl; lc Etch 1; lcatilvc ii 1}] tgilumg \ are at stake. Much of the recent legislation
are cmg ta {HF W lc ave t us at m mate e has already been condemned judicially as re-
to astute pol1t1cal observers that the country ti wmam to our basic System of government and
was not as yet prepared to throw aside its j P t’ .1 . . . .
t ditioual Olitical hiloso h for ildcd e other legis 8t1V€ measures are, 1n my opinion,
ra , P , , P P Y g A grounded in the same constitutional sophistries.
pmmlscs- of a m1u€nmum° Those sponsoring this legislation have never
made it clear, but rather have carefully con-
I CHALLENGE ttm ¤dV0c¤t€” of the “¤€W cealed the fact, that they were advancing
ctdctn to gc to the cctmtt`Y on that issue and I measures which, in their subject matter and
Wcutd haPPt1Y eeeept thc Verdict of thc method of adoption, are revolutionary in our
American people——if that verdict represents the Po]itioa] philosophy Tg bring this clearly to
reeeoned judgmcnt end dcttbctatc d€t€I'mi¤¤· your mind, we must first reconsider and briefiy
tion of the Amerieen people expressed in the remind ourselves of the basic principles and
orderly manner prescribed by the Constitution. proooosoo gf om- Cgngtitutign, and then com-
That would be the fulfillment of the Constitu- pam tho recent lggiglgtigu with thggg basic
tion, not its nullification or evasion. principles and Pmcgssgg
W1}*{eq¤e1emvhe¤1¤»I deer the right of ev Before icing se, however, isi me state nm `
Admtntsttatttfn t° attempt t_° tftttt Ot amend we are not debating tonight the economic ci-
our Const1tut1onal system by 1nd1reot attack and . . . . . .
, , _ _ _ social w1sdom of this leg1slat1on, but only 1tS
subversive means. That 1S democrat1c su1c1de 1.t. 1 . nifmancc and COHSC ucnces We
. . 1 108 S1 .
as lt tends to destroy that confidence 1n our P0 g _` _ q
. . . . are also not considermg whether some other
constitutional processes on which the very l1fe _ _ _
ef Om, democracy depends. e form of legislation could have been proposed
Whether OI. not the Organic form and Sub to accomplish the same econom1c and social
stance of our constitutional system should be cbJcct1VcS· We eeoooi assumc that the lcgtstw
Qhangcd by cgngtitutignal amendment ig a i IiOI1 that l13S l)€€I1 €Il&Ct€(l IS tl1€ only II1C&I1S
question of opinion; but whether or not an { by which the situation could be met. We have
actual attempt is being made to change it with- ` a perfect right, and duty, to analyze the methods
out amendment through legislative and other pursued and attempt to understand and explain
iI]diI°€Ct HICHHS is 3 qu€$tiOn of fact. their Hlganing and implication.
4 s
OUR Constitution is not, as Some would have r the express constitutional reservations; they dc-
us believe, a fossilized and antiquated exemplar cimtrahzcd wld Scattered govcrnmcma Pmmgal
. . . . t1ves by lodging different governmental powers
Of th;.P;l1*i¤*=·’1gh11¤S¤ghY if jgljmm its as i. ..,,..r.s p.,ss..-.1 uw.
aewic sou now ereeae oour 1s- . . .. . .
Ffricgg “ ig 3 ljivfioriinisng wolf Zi°ii.§itYL}I§Z}§,tZ`§Z;iZ Z1i1iIZiE.L1§Z§T °Siiia0iCZiiZ
ing roug 1me an w 1C as us ar me .
a" °°¤·*“i°¤S and IFWY Mg PH·¤iSm» K{§Z.§2‘fZ`}11¥t§1‘§l‘§?.?i.£§’.f’§§§.‘i’f.L.till ’Si££Z`IZ
however, has certain basic characteristics and dangers of Concentrated power. Without a Plan
physical attributes and these attributes cannot of government to preserve and Protect these
be altered without destroying the organism or rights ihcir mem pronouncement would bc
substituting a new organism in its place. futilej
The basic characteristic Of our govcrnmi-mt’ The Federal Government was restricted to the
fundamentally differentiating it from all other l express powers (1816 g at 6 d to it and those nemo
governmental systems, is the principle enun· p sary and proper to carry them imo cgcch
' ciamd by the piiclamtion Of Independence that Governmental functions were divided between
min hashby dglvuilc °”d°‘l*;m°”‘ cilrtgin inglicl? i State governments and the Federal govern-
ab C rig ts W ic am 8 OVC an gym] t e T ment· and the owers of the Federal overn-
power of government and which are his to cu- mentawere subdiivided into three separgte and
joy free from all governmental imcrfcmncix independent departments each having definitely
These sacred rights of man were safeguarded enumerated functions. _
and guaranteed to every American citizen by
the Constitution and especially by the first ten _
amendments. These rights are not metaphysical ALL Of this Segmgatlon of _ g°V°mmcm°l
conceptions but Specifically cleaned and onu_ power was not accidentally concewed as a mere
merated rights—rea1, tangible things. They his mechanism f¤r the Single Purpose of °°¤S““°*‘
so well known to all that l need not recapitulate ing an cmciem System Of g°V°r_nmcm' It was
them but, no matter how antisocial or cvcn d€]jb€i`at°lY chosen and Prcscmbcd t° Pmtfict
sacrilegious it may seem, recent events rcquirc thc Yighm 1`€S€I`V°d_ to tha PCOPIC fr°}D bcmg
me to remind you that "property” is included agsmndizgd bY an imicspomlblc 8°V°_m1gn‘ The
amongst these inalienable rights. Property has Sacred right to indwldual fr°€°l°m_ IS the Yltal
boon rightfully tormod tho keystone of the arch principle, the soul of our constitutional philos-
ot oin. ci-vi1iZa'tiOn· , ophy. The form and structure of our govern-
ment is the method through which this vital
N O ONE denies that each citizoii has social concept is fulfilled. It is a notable fact that,
responsibilities which impose certain restraints while there are twenty grants of power in the
upon his exercise of these rights, but the method Constitution, there are thirty-one prohibitions
by which the Government may impose restraints and restrictions.
must be consistent with the Constitution. t The framers of our Constitution had learned
So zealous wcic our Founding Fathoro to { in the school of bitter experience that individual
safcguayd thcsc rights not only frgm tho l liberties could not be entrusted to the benef-
tyranny of absolutism, either in the form of icence of any unrestrained ruler. They had also
king, dictator gr an all.powoi·fu] contra] govoro. J suffered from political “absentee landlordism”
ment, but equally from the greater danger of and well knew that the sovereign and the
the tyranny of a majority, that in addition to citizen must live in close proximity to each
other. This afforded the sovereign the oppor- tannv Yen eannet nnPnte exaggerated State'
tunity to better ascertain the special and local tnente te tnat aertena and eanttena tribunal
needs of particular citizens and also made his N
responsibility and accountability more im- O AMERICAN government nee env Ponneel
mediate. With these purposes in mind they 0I` moral rtgnt te relandtate sr evade nne
rejected all the then known Euygpgan pehtiee] solemn compact with its citizens or to alter or
. • O • • .0 ,
Systems and Set up one of then- own_ Eeneeieuy amend It without the citizens voluntary and ex-
wei-e they determined to eeeepe from the press consent. Should the Federal government
English system of an omnipotent Parliament attempt to aPPrePr1ate Power reserved to the
nnteetrie-ted by any eetn·t_ States or to the people; should any branch of
the Federal government attempt to exercise
. . . . . owers 11 t assivned to it at the ex ense of
THE totalitarian State in all its current man1- P . O ° .... P
f tati0nS_S0Vi€tiSm Nazism FaSCiSm_iS the trespassmg upon the jurisdiction of States or
tfjnial of these concépts N0’Sub-ject of any Of t of another department; and should any branch
. ` . . . of the overnment attem t to dele ate to
these regimes has a contract with his sovereign g . P g . .
. . . . . another powers specifically entrusted to it; 1n
guaranteeing and reserving certain specific .
_ ht H h { f th , It t 2 each of such cases the result is not a mere tech-
v . aranee ‘er11 o . . . .
F ih te az no gu t I Of t h fi n,t nical and unsubstantial interference with con-
e· an r er . n ac e ias . . .
1 c’ zh I ht t ptgp .yht B ti h . stitutional procedure but a direct eifort to
ri e r1 . eor e IS . . .
even C .0 . . g Y Y break down the security given by the organic
not a sovereign individual but a creature of the A .
. . . structure of the government, and this structure
State with only such l1ber1es as the State chooses _, t . .
to Give him and which hc 8n,O S at the leasurc was erected for the preservation and protection
{ih St t J Y P of basic principles and fundamental rights. To
0 e a e. . .
_ _ _ _ , attem t to meet new conditions b these
Listen to this striking language, if you suspect P . . .
th t I h _ , methods 1S not adaptation but nullification; not
1 a am over-em asizin : . .
P g evolution, but revolution.
“It must be conceded that there are such rights
in every free government beyond the control of the BUT you might deny that there is any attempt
State. A government which recognized no such to rcvam the foundation and ramodci thc
rights, which held the lives, the liberty and the pf G L _
property of its citizens subject at all times to the Structure 0 our 0V6rum€ut’ Ct us Cxamlnc
absolute disposition and unlimited control of even the reenrdi
the most democratic depository of power, is after Whether Or not an act Of the Executive Or
all but a despotism .... The theory of our· govern- C U h h. if d h _ b . 1 I
ments, state and national, is opposed to the deposit Onercss as t IS rcsu t an t (216 Y V10 ates t {C
of unlimited power anywhere. The executive, the eornpeet of tne Government with the People te
legislative and the judicial branches of these not a matter of mere speculation, guess or even
governments are all of limited and defined powers. Opinion. The Supreme Court of the United
There are limitations on such power which grow States is the Sole and Hua] jud C of this fact
out of the essential nature of all free governments. I k b d , g d h ,
Implied reservations of individual rights, without ma CS none ut an aca Bmw an tec uma
which the social compact could not exist, and which ' difference Whether the Supreme Court Wee eX'
are respected by all governments entitled to the pressly given this power, or whether this power
name? was developed by logical deduction from ex-
, A A , , , resscd owers or as some arvue whether this
This admonition is not the words of some P P ’ 9 . ° ’ .
_ _ _ power was appropriated by the Court by its
over-ardent publicist but the solemn declaration d 1 · Th 1, . h
of the United States Supreme Court and cer Own cc amtmnt C act is t at unless Some-
‘ 9
8
body has the Pgwgr tg gdjudjcgtg all (;0¤[rg· lt}, III 0tl1C1‘ 'W01'dS times éllld COl1dltlOI1S may
versies arising under the Constitution, then - have Challgtide but W6 Still h¤V€ the Co¤sririi'
there is absolutely no means of assuring that ti0l1·
the Constitution will be respected; and the
Constitution instead of being a solemn compact TO GIVE the Executive a {mc hand in the
between tht Peffple eee thttt sjvemmeni ht- exercise of elleh eelleelltreted power, the Presa-
comcs a mem Siiliap of papclr Qu]? more dent asserted, but the Supreme Court emphati-
who purpose to disregard the Constitution dis- muy rgpudiatcd in the Humphrey case, the
pulc ihie right of the Supreme Court Further- claim that Federal oilicials could be ousted be-
tt tht Pttttit thtttt tttt tt tihw tht cause their views were not eyeeeeeeeee to the
uprcme Court this POWER they can at any President. Consider the implications of this
time so determine through the prescribed con- claim.
Slltlltlcllal method of amcmlmcllh _ The Supreme Court also held in the Railroad
lilliw {gr The Tcsrgll _ 1 R A ` Retirement case that Congress had exceeded its
6 illlolla ll usllile ecovmiy Ft was powers under the Commerce Clause in attempt-
gttltdtlthhtd {hg tht sltgttgtht gttttt th tht _, ing to legislate in meeeee of empleyeeemeleyee
bc cc lersll Aallama cd mn? f“3‘P“}‘Y Cami; relations especially when the private property
Bcausc l at `Cl asserts 8 iulils lclloll ee of the railroads was appropriated in violation of
gttemptedhtohset upba fort; 0; control ovir gi- the Fifth Amendment.
uslliy tw lc was cylm l E Pllwcli 0 l C In the Gold Clause case the Supreme Court,
Fcdclial Govilrllmcllr The Supreme Court cm` although recognizing that the Government had
Ph_tt·{=th>t ttta thtt thtt Att tttittttthtth _tht complete jurisdiction eve.- el.e monetary system
Pttttttrtit tt tht] tttttttthtxttttt tht rttthttpit and could, therefore, eeeelee ineffective private
of separation of powers within the Federal contracts calling for payment in a type of cup
Gflvclillmcllh It not Ollly allcmplcd e“_““ee“' rency which the Government could order with-
Slllulmllal cmlcclllliatloll _ of Fewer in the drawn from circulation, nevertheless held that
Federal Government but ll also attempted to the Government could not lawfully repudiate its
lodge that concentrated power in the Executive. Own Obligations. I refer to this decision only
The Supreme Court Silcclllcally colldicmncd the to illustrate that it is characteristically different
attempt by Congress to delegate at law`maklllg from the others in that the Government here
liullcllcllllo the Plicsldcllt tht? Said lllat’ “'i`ht acted pursuant to an express constitutional
question 18 not of the 1ntr1ns1c importance. of the gram of P0W€1__thc power to Coin money and
particular statute before us, but of the consti- regulate the Value th€1_C0f_but abused its
Z`§Se'E.'Ef`il £Z‘31"’§$°Z..$fe,l§,€§Z“§}°§,,T;‘§;i§§,§§§. t“ l»»we_le; eeeeeeee an immoral .,e,eee.,.e.,
repudiation of its own contract.
The N. R. A., as so much of recent legisla-
tion, was justified on the ground that it was
for the public good and necessary to meet na- SO FAR riic rccorii is iioi oric oi mcro cori'
tional emergencies, but the Supreme Court met l jttturt tr partisan Poiiiics or P“roiY iawYcrsi
this argument with the statement that, “It is oPiiiioris» but rho soicmri iudsmtrtt tf iiic
not the province of the Court to consider the Suprtmt Coiirr of iiic Uiiircii Sraios· _ OiiiY
economic advantages or disadvantages of such t iimc Prcvciiis mc from rttitins tht dogmatic
a centralized system. It is sufficient to say that ami cmliiiaiic Iwsutst of iii-c Court iii coii'
the Federal Constitution dogg not provide for demning these laws as gross violations of funda-
10 11
mental constitutional principles. If you believe snotnor illustration ta tno Poopto tnat the Ctm`
that these eases turned on mere legul teehnj, stitution is inadequate because 1t 1S not com-
calities and not fundamental principles, a re- p¤tibI•= wrtn tno rnow ordcrjr _ _
reading of these opinions will convince you that Tho National Labvr Rotntrons Act agam trtns
even in the eyes of thc Sunteme Court there to utilize the same constitutional processes in
is a real significance in the constitutional issue. tho nom of industrial rolntronso to thc extent
During the last vest., the Sunteme Court has of even interfering with the freedom of contract
declared four Federal statutes and one A joint of ornP1oYors anu ornptoyoos as ta hours of W°rk’
resolution of Congress unconstitutional. This wa?-Eos and Conditions or labor; _
rate of mortality is without parallel in our his- The A- A· Aw in its ossnntrat roatnr°S¤ ts tt
tory. During the first seventy-five years but oornplsto oountorpnrt cf the N' _R" A' The two
two national laws were held unconstitutional by Acts are oomPlornontsrY oxprossrons or the Same
the Supreme Court, and, by the cm;] Of 1934t theory of the nature, scope and function of the
the number did not exceed sixty. Certainly _` Fouorsu govornrnonn as was conttcmrmd m the
the country was undergoing manyo fundamental Schechter case. The same total disregard of the
changes in its economic and Social deve]on_ rights of citizens and the States, as well as of
ment during the period of our country’s greatest thc divers P°w°rS Vcstcd m the coordinate
expansion. Certainly the cotmtry experienced branonos or tnn g°Vcrnm°nt‘ _M°r€°V€r’ rt rs
political crises during that period. ‘ not merely a form of farm relief, but actually
the charter and mechanism of a wholly new con-
_ _ ce tion of our a icultural economy.
§}:FtE5g$l];r;;l;hgS§u;f)Siggjrshgiit1:;;:358;;:3 ghe Cotton Control Act, the Tobacco Control
f h _ h ’ b _ h -d l Act, and last but not least the Potato Control
trim mr C Oren course ut Wu _grcar€r Crm, Act, all show that once you apply the pr1nc1ple
m1nat1on• continue the attack with the same of unnamed eeonemyn in one Situation you must
cogiiltuttonal ilnmamcnrr f h G H C 1 of necessity extend it to all to fulfill its objects.
D' , , •
Act Qxhigrgit agelglir-iris sppiy inc Zag; kizlad All production 1S related and part of at smgle
° _ integrated economy. You cannot apply d1f`ferent
of governmental control over one industry economic Principles and employ dinerent
which the Supreme Court condemned in respect economic controls in every economic Held.
to all mdrlstrr by the attempted use gf thc The Securities and Exchange Act, not only
Same comumtmnal processes condcuiurid tn the attempts the Federal control of all securities
Schechter case. To extend Federal jurrsdiction markets, but by claiming jurisdiction ef the
Ovfir an lndustry ry ‘mP°S“{g Voluntary com` stock markets as alleged instrumentalities of in-
phancc by coercwc rrcnalucs under the pm- terstate commerce, reaches into the field of not
IZZ°i§ZieZ$i0°;i?cZtZ’Z1§`,it,{1E`§ZQ,i1€Z€EZ,Xih.`Z`§i Only “g“‘a‘i“ié ‘°“* P’“°"*°i“$ "°*P°""" "“"
be seized to indirectly attain objroctives not H“.a"°‘“1p”“°t1?°S’ and “°°“”t”?g m“h°dS’ °f
having any expressed sanction. The economic prwarc mltcrprrsrsr of whlch are wholly
soundness of the Act has been questioned by r intrastate in the1r activities. It goes even further
_ . . . . . 1 into an assertion of regulation over credit and
the mdustry itself, and the const1tut1onal1ty of . _ _ _ , . ,
the Act has been confessed as being doubtful l _ md1V1dua1S?t0ckt1?1d1ngS` _
by the Administration itself, so that perhaps I The Public Uuhty Holdtng Cnmpauy Act
_ the Sponsors of the Aet are tnnneneed by some asserts even greater controls 1n a d1fi’erent field
nolitiee] motives, ot- nethuns it mov serve ss and not only seeks similar regulation of corpo- A
12 13
-
y rate and financial practices but in some respects Federal government and the States. We must
to even pass upon the “economical and eilicient not be lulled 1nto the acceptance of these modi-
operation” of the business. Practically every fications under the bel1ef that they are merely
activity of a public utility holding company, jurisdictional adaptations and procedural re-
including service, sales and construction con- adjustments to meet new economic and social
tracts, is under direct control even to the extent demands, because 111 each you {ind that the
of determining whether certain public utilities fundamental protection to individual freedom
systems should be permitted to live. is being impaired and new concepts of the rela-
tionships between citizens and the Government
N OT only has the government thus sought to are being deve]eped_
deprive citizens of their constitutional rights It is no mere eeineidenee that all these laws
but it HOW att€mPt$ to amrmatively PY€V€m have common vices. On the contrary, the fact
them from obtaining judicial p1'0t€0ti0n· that they all have similar characteristics reveals
After the Gold Clause decision, they promptly a consistent line of thinking, designed to bring
passed legislation shutting off suite after about certain fundamental alterations in our
January 1, 1936, by h0l by means within that Cenetimtiem WHY these indirect efforts to change the struc-
The Sccvud attempt was te utilize the Cem' t11re of our constitutional system? Clearly, as
merce Clause as their vehicle for extending · eaoh law diseloeeet to concentrate more and
Federal jurisdiction to the practical denial of more Power in the Federal government So that
all Stateis tights- TneY Sought te extend the it will be omnipotent and unrestrained by any
heretofore well defined limitations of interstate ' State action. IS this not the very Purpose Whieh
ggmmgrce to include not Ollly i11St1°I1II1eHt3iitie$# [hg Founding Fathers sought to prevent? Is i
of interstate commerce but all activities of pro- this not the highly eentralized government
duction—such as manufacturing, mining and which they Sought to torhid?
ei`eP gi`eWing‘_en tne tneei'Y tnat Such Pi`edue' And when this power is lodged in the Federal
tion burdened or affected the free current or government hy Whom is it eitereieed? Why, hv
How et interstate eeniinetee and tnat Wage dis' j the Executive, of course. He is vested with
. tfibntiens (te use one illustration) “Pi`0Viue practically unlimited discretion, not only in the
the neeessai`Y stiinuius in starting tne euinuia' practical administration of these laws, but in
tiVe forces making iei' eXPan‘iing eeinineteiai their interpretation and application by execu-
t aetiVitY·” This seeenti eitett aise inet Witn cen' tive decrees, orders and regulations. It requires
tieinnatien nY the SuPi`enie Ceutt in the a great horde of Federal boards, officials and
Schechter case, the Railroad Pension and the employees, most of whom are annointed and
Amazon Petteieuni eases· removed at the will of the Executive, to per-
They then turn to the taxing power as a tnitti form the multitudinous activities vested in the
recourse to attain thei1· objectives. They are now Executive. Orders, reguhtions and dcérecs {low
attempting to ntiiize the taxing power to in· from these boards, commissions and officials to
directly 1`egniete an production by impesing such an extent that it is impossible for the
eee1‘eiVe penalties vn those net voluntarily 8e· . citizen to keep abreast of them, even if he can
cepting regulation. find out what they are. Fines, penalties, and
And as a fourth recourse, they grasp at the jeopardy assessments result from infractions of
power of Congress over the use of the mails. these executive regulations.
If this power may be employed to deny access ,
to the mails ia th°_abS°1ut° disciietmn ef Cem _ BEHIND these attempted structural changes
gifiihghiigstirgsdgsiggitsgii be utilized te bring in our government we find the very things that
i they were set up to prevent. Regimentation of
Last» but net ieastv tneY ate atteinPting tv all private business—mining, manufacture and
prove tnat tne general weitate eiause in tne agriculture, and all activities of production, dis-
16 17
tribution and transportation, including even the ··the P€0P1€—01' to Ii1¤116\1V61‘ tht! people i11t0
right of employers and employees to bargain a position where they have unknowingly and
for wages, hours of employment and conditions irrevocably committed themselves to such
of labor, control of credit, private borrowings I Changes- The tai? thing to do is to 8Sk f01' th€
and banking and securities transactions-——-in ehanges and let the PBGPIB d€0id6 f0I` th€m·
short everything essential to the economic life selVes if theY will Rceept 0i