Declaration of Independence - 1776
Articles of Confederation - 1777
The Constitution for the United States, Its Sources and Its Application
Our Enemy, The State
It Is Our Choice Who We Will Serve!
Who is Running America?
A Special Report on the National Emergency in the United States of America
Undermining The Constitution
A HISTORY OF LAWLESS GOVERNMENT
ByThomas James Norton
(From a careful study of this Index a clear conception may be obtained of the contradictions and incongruities brought into law in contravention of the Constitution in the 20th century.)
A B C D E F G H I J KL M N O P QR S T UVWXYZ
Page AGRICULTURAL ADJUSTMENT ACT, 1933 used to devalue gold dollar, although held unconstitutional 133 AMENDMENT TO CONSTITUTION a proposal give Congress control young workers rejected, 88 badly reasoned proposal to amend respecting election president, 287 for Ultimate Court, the People, not the Judiciary, 61 Income Tax proposal quoted: "graduation" not mentioned, 60 interpretative suggested curing governmental wanderings, 50, 251 Seventeenth proposed by Congress changed House of States, 11 Sixteenth proposed common tax with one rate, 60 Supreme Court should not amend Constitution, 23, 126, 127 Washington cautioned against innovations by amendment, 11 AMERICAN BAR ASSOCIATION appointed committee opposing recall successfully, 4 and other associations inactive while dissenting justices stood ground, 241 concerted effort Bar Associations needed for better judges, 241 found Constitution required in only 8 of 25 universities, 26 ANTI-TRUST LAWS Sherman Law and supplements adequate against monopolies, 99 Sherman Law and supplements adequate against monopolies, 98 ATTORNEY GENERAL wrote book defending attempt at court-packing, 25 BANKS neither bank nor corporation mentioned in the Constitution, 102, 103n creation National upheld by Marshall to aid governmental functions, 103n how one bank grew to thousands, 107 living largely on tax-exempt Public Debt, 73 how one bank grew to thousands, 107 BAR ASSOCIATIONS failed to object sufficiently to unconstitutional proposals, 47, 241 should compel appointment seasoned jurists Federal courts, 242 tongue-tied while four dissenting justices stood ground, 241 BILL OF RIGHTS interpretation 160 years rejects idea States affected by, 234 of what it consists, 231 held no general rule applying provisions against States, 225 not one article of lies against the States, 225 States prepared Bill of Rights against Federal Government, 184, 210 BREWER, JUSTICE DAVID J. dissented as to all inequalities in Taxation, 77 BROWDER, EARL his statement explaining Communism, 174 said Communism promoted by strikes, 172, 175 BRYCE, JAMES praised principle of agency in Constitution as greatest conception, 133 quoted on "Encompassing power of numbers," 263 said Congress dashes against walls of the Constitution, 88 tribute to members Constitutional Convention quoted, 11 wondered why President's office has not big men, 254 BUREAUS General Eisenhower quoted on extraordinary growth dangerous bureaus, 113 Hoover Committee said "billions" could be saved, xi, 104 1800 in Executive Department under President, xi propagandizing power has become dangerous, 127 salaries for Soil Conservation alone 24 million a year, 206 Secretary Morgenthau for sending to Far East foodstuffs in storage, 158 table showing unbelievable accumulation in storage, 159 wires crossed: importing food stuffs, in storage at home, 158 CHASE, CHIEF JUSTICE SALMON P. explained meaning due process of law, 235 said we have "an indestructible Union, composed of indestructible States," 201 CHILD LABOR AGITATION Department Labor reported 1920 no objectionable child labor, 84 less child labor when National Labor Relations Act passed, 85 two laws failing, Congress proposed amendment, 88 proposals immediately rejected in legislatures 20 states, 88 unconstitutional tax on salary Federal Judges followed labor decisions, 89 acts to suppress under Commerce Clause invalid, 83, 87 act taxing produce workers held not for revenue, 87 Governor Roosevelt denounce misuse of Commerce Clause, 86 President Roosevelt urged adoption proposed amendment, 88 CITIZENSHIP, NATIONAL AND STATE Fourteenth Amendment shows citizenship in State and Nation, 212 both citizenships for Negroes conferred by Fourteenth Amendment, 212 National held violated by Nevada law taxing interstate travelers, 226 National held violated by law of Maryland taxing importer, 226 Slaughter-house Cases involved State citizenship: no Federal question, 227 Justice Washington quoted on State citizenship, 227 before Civil War no local claim for Federal protection, 228 claims under State citizenship outside Federal Government, 228 some privileges National citizenship mentioned, 228 court rejected theory Fourteenth Amendment designed to handicap States, 229 in Slaughter-house Cases court rejected National control States, 229 CLEVELAND, PRESIDENT GROVER advocated strict construction of the Constitution, 13 defended against Senate "dignity and vigor" of Executive, 43 vetoed bill for "Federal Aid" to drought area, 194 on "partitions" between National and State Governments, 194 COMMERCE CLAUSE favorite cloak Congress for years invade States, 252 Governor Roosevelt denounced "stretching" of, 86, 97 quoted and explained, 97 "stretched" to justify Packers and Stockyards Act, 1921, 96 importance of commerce dating from Magna Carta, 1215, 164 Edmund Burke on importance American commerce, 165 design of Constitutional Convention to make commerce free, 165 COMMUNISM abolition private property one objective, 57 aims at political control by proletariat, 57 amazing that party legally recognized, 58, 176 can be met only by superior doctrine, not arms, xiii, xiv defined according to Karl Marx, 57 promoted by strikes, Browder said, 172, 175 weapon of, "graduated" income taxes, 57 Karl Marx quoted and Manifesto 1948 cited, 56 quotations from writings of Karl Marx, 57 first "American way of life" in Plymouth Colony, 58 Lenin quoted on method in Russia, 58 Governor Bradford on failure Communism at Plymouth, 59 American spirit called "wealth" by Hamilton, 59 CONGRESS legal scholar of Convention explains limitations on powers of, 190 abandoned to President authority to write laws, 183 acts must be in "pursuance" of Constitution, 20 attacks on Judiciary of the Constitution, 14 boundaries to Congressional power stated by Madison, 186, 187 by Norris-LaGuardia Law oppressed employer, 46 Constitutional Convention denied it power over Judiciary, 41 created unconstitutional Reconstruction Finance Corporation, 110 declared "emergency" for seizure gold property, 135 enacted invalid Maternity Law for children and women, 91 favored findings Interstate Commerce Commission unduly, 44 guilty of perpetrating first American coup d'état, 135 without authority from Sixteenth Amendment to "graduate" taxes, 63 preferred coup d'état to constitutional procedure, 76 Hamilton said powers limited to enumerated subjects, 255 influenced too much by social theories, beyond powers, 62 its "graduated" income taxes not authorized by Amendment, 60 men of old-time stature are missing, 90 misuses Commerce and General Welfare Clauses, 252 National Labor Relations Act disguised by Commerce Clause, 161 persistent disregard of Tenth Amendment, 163 possesses no judicial power, as such, 41, 44 powers limited to enumeration, sec. 8, Article I, 186, 187 repudiated gold contract in bonds of the United States, 136 "Rubber Stamp" title was earned by it, 183 Social Security Act not warranted by Constitution, 195 should have repealed income-and estate-tax laws, 76 Tennessee Valley Authority cloak for establishing Fascism, 112 former minister to Denmark quoted on deterioration of Congress, 257 CONSTITUTION, THE adopted by Canada, Australia, Argentina, Brazil, and others, xiii defines "Supreme Law of the Land," 19 first system successfully to control man in power, xiii gives no authority for Social Security Act, 195 guarantees Republican form of government to States, 7 most important of original objections to, 184 National Labor Relations Act misuse of Commerce Clause, 161 President Cleveland advocated strict construction, 13 provides just method for soil conservation, 205 States will compel thorough teaching of eventually, 50 study of indispensable to survival of Republic, 10, 255 CONSTITUTIONAL CONVENTION, [ Madison's Notes] task accomplished never attempted in world before, 296 tribute by Senator Hoar to unprecedented achievement, 298 contended that large territory requires Republican system, 4 denied authority to Congress over Judiciary, 41 feared such legislation as Social Security Act, 185 feared such legislation as Social Security Act, 272 for government by representatives instead of crowd, 272 Hamilton quoted on its ideas for choosing President, 272 planned for statesmen in two chief offices, 275 proclaimed sanctity of public debt, 139 set up representative system in all departments, 7 several members refused to sign instrument prepared, 185 sought to prevent "cabal, intrigue, and corruption, 264 theory respecting House of States given, 11, 12 tribute of Bryce, members belonging "to history of world", 11 members of explained fully operation of courts, 17 COOLEY, JUDGE THOMAS M. quoted against police power in Congress, 184 advised courts to read and apply law by its history, 218, 219 said exemptions from taxation not legal, 72 tax should be "in proportion to the interest secured", 64 COOLIDGE, PRESIDENT CALVIN said taxes not needed in economy are "legalized larceny", 56 CORRUPT PRACTICES ACTS Congress forbade Roosevelt's method of gathering funds, 279 Laws of forty years have proved futile, 277, 278 not necessary before National Nominating Convention, 260 reveal discreditable and tragic situation, 280, 281 COUP D'ETAT, THE Emergency Banking Relief Bill for seizing people's gold, 135 seizure field of relief by Social Security Act, 69, 70, 75 DEBT OF GOVERNMENT vast repudiation by devaluation of dollar, 136, 137 "profits" to Government from repudiation, 137 Chief Justice Marshall quoted on honor in debt, 138 Hamilton said government cannot change its contract, 139 Constitutional Convention declared for payment of debts, 139 "sacking" of people done with insolence, 140 DELEGATION OF POWER in violation of law, Congress authorized President to devalue dollar, 133, 134 Congress must declare method and policy for administrative cases, 135 administrative and legislative functions distinguished, 135 DEMOCRACY adopted after panic and several crop failures, 5 Initiative, Referendum, and Recall explained, 3 Introduced in 1893 from Switzerland, 3 not suited to large areas and populations, 4, 13 spread of un-American idea still persisting, 8 why Constitutional Convention rejected told in "The Federalist", 8 insistence upon "more democracy" for half century alarming, 53, 290 battle is between the Republican and the Populist forms, 290 DEPARTMENT OF JUSTICE Demonstrated industrial disputes are for courts, 35, 36 DILLON, JUDGE JOHN F. lectured on Constitution at Yale half century ago, 130 quoted whether Judiciary could resist popular demands, 130 denounced decision in Oleomargarine Case, 176 DIVORCE States delinquent in not regulating, 93 principle of regulating set by Massachusetts in 1903, 93 North Carolina law regulating held valid, 94 decree void where no real domicile, 94 DUE PROCESS OF LAW Justice Brandeis on "procedural regularity", 235 in Fourteenth Amendment relates to law of States only, 226 in States regulated by law of States, 235 Magna Carta quoted on, 235 application of illustrated, 236 Justice Miller quoted on misapplication to Fourteenth Amendment, 237 explained by Justice Moody in Twining case, 235 in Fifth Amendment restraint on National law, 235 EISENHOWER, DWIGHT D. on "a creeping paralysis of thought" bringing dictatorship, 112 EMERGENCY assumed to justify National Labor Relations Act, 163 Bank Act 1933 for seizure gold of American, 135 "Does not create power" - Supreme Court, 135 receives no recognition in any provision Constitution, 135 using to seize power began with devaluation of dollar, 135 Chief Justice Hughes quoted respecting, 134 made excuses by Congress for invading States, 162 NLRA upheld, overriding decisions for half century, 162 ESTATE OR INHERITANCE TAX "Recrudescence of Feudalism" says English authority, 79 Spanish War tax and "graduated" income effective, 76 Causes break-up or sale of sound properties, 79n See PROPERTY Pty EXECUTIVE DEPARTMENT OF PRESIDENT contains 1,800 different administrative units: Hoover Committee, xii "billions - not millions" unnecessarily spent, xii on payrolls, 3,400,000 in 1945, 262 propagandizing aggressive and dangerous, 88, 117 protected "in all its dignity and vigor" by Cleveland, 43 third and fourth terms made possible by payrollers, 262 EXEMPTIONS FROM TAXATION UNCONSTITUTIONAL held by Supreme Courts of several States Unconstitutional, 72 law in New Jersey exempting new buildings held void, 72 Judge Cooley quoted in condemnation of exemption from tax, 72 President and other officials in Washington enjoying exemptions, 73 colossal properties illegally exempted from taxation, 74 enormity of prejudice to overburdened taxpayers, 74 wrong should be righted by representatives of guilty States in Congress, 75 at violence to all constitutions, 72 Justice Brewer dissented in all exemption cases, 77 Justice Field predicted (1895) present disastrous result, 73 banks, trusts, universities enjoying exemptions, 75 FAIR LABOR STANDARDS ACT, 1938 held to warrant police control in States, 185 FASCISM defined by showing, 22 corporations of Italian system, 38n long time coming; now well "dug in", 39 by Tennessee Valley Authority Fascism introduced in government, 112 did General Eisenhower see Socialism and Fascism coming? 112 thrust upon Tennessee Valley by "planners", 132 many Fascist corporations manufacturing electric power, 111 Tennessee Valley Authority planned before election 1932, 132 origin of term, a Roman recollection, 38n corporation of Fascists to take over private business, 106 FEDERAL AID poured out illegally in floods to States and individuals, 108 bill in early Congress aiding fishermen: Madison defeated, 188 President Cleveland vetoed bill giving seed grain to farmers, 194 press dispatch told that King of Hoboes favors, 197 FEDERAL EMERGENCY RELIEF ACT, 1933 first American coup d'état, revolutionizing Government, 76 instead, repeal tax incomes and estates indicated, 75 FEDERAL SURPLUS COMMODITIES CORPORATION, 1933 authorized by U. S. issue bonds 4 billion, 750 million, 155 charter for "perpetual existence", 150 dumped 14 carloads spoiled eggs in 1944, 153 "ever-normal granary" fed wheat to pigs, 154 for relief farm emergency by expanding markets, 151 one of many corporations borrowing and spending, 157 sold at heavy loss 26 carloads eggs for hog feed, 153 subsidies in 1949 over 500 million, 157 to process, store, handle surplus agricultural commodities, 151 to act "without restriction or limit", 149 War Food Administration lost $150,000 on eggs, 153, 154 incorporated in Delaware by two cabinet members and another, 150 tip-top corporation of Fascism, 151 incorporated for all time with world-wide powers, 151, 152 no activity of FSCC authorized by Constitution, 153 vast waste of grains and food-stuffs, 153, 154 capitalized for $100,000; stock owned by U. S., 155 subsidies to favored classes 15.5 billions in 17 years, 155 President Jackson quoted on leaving business to business men, 156 table showing some astonishing losses of taxpayers' money, 157 Former Secretary Morgenthau proposed sending stores to Near East, 159 he revealed an unbelievable amount and value in storage, 159 FEDERALIST, THE by John Jay, Alexander Hamilton, and James Madison, 186 denies power for Social Security or other police action, 188 most brilliant work on philosophy of government, 186 says Senate would bar invasion States by Nation, 54, 162 FIELD, JUSTICE STEPHEN denounced as unconstitutional exemption from taxation, 73 said Fourteenth Amendment does not touch State police, 237 FIRST AMENDMENT (RELIGION, PRESS, SPEECH, PETITION correct interpretation given, 228 non-Federal questions occupying Supreme Court, 229 not rewritten or absorbed by Fourteenth Amendment, 287 erroneous theory of Court on freedom of Press, 220 decision based on irrelevant cases, 221 legislation of Minnesota was sound, 223 four justices dissent, quoting Chief Justice Marshall, 223 Supreme Court avoided applying to Press, 232 history underlying this amendment related, 218 in School Case Illinois did not violate, 218 decision in Illinois School Case affected 2,000 communities, 219 held effective against States through "liberty" in Fourteenth, 220 Supreme Court Minnesota upholding law against libels reversed, 220 FOURTEENTH AMENDMENT, 1868 "liberty" in does not connote religion or Press, 213 analysis of and citation decisions, 214 written without thought of religion or press, 214 Supreme Court employs "latitudinarian construction", 213 Due Process in relates to processes under State, not National, 226 rights of State citizenship not protected by, 227 held not confer right National citizenship generally, 227 held to authorize United States to manage Georgia, 232 regulation oil production by Texas held denial Due Process, 233 Justice Field quoted that it does not affect police power, 237 Justice Miller quoted on misapplication Due Process, 237 review of decisions sustaining invasion of States, 238 cases holding State laws not controlled by Slaughterhouse, 227 decisions under in disagreement, 239 does not control police power of States, 229 erroneous application in Illinois school case, 218 First Amendment not rewritten by it, 232 Judicial assumptions cannot alter application First Amendment, 221 many police regulations of States overturned, 184, 240 misconstrued in Minnesota Press case, 219 used by courts for dealing with non-Federal questions, 229 GENERAL WELFARE CLAUSE Hamilton said Congress limited to enumerated powers, 189 Supreme Court ignored history and precedent, 195 Wilson and Baldwin, of Constitutional Convention, explained, 189 adoption Constitution resisted: this Clause said to be unlimited, 186 Madison explained clearly limitations of power under, 186, 187 Jefferson's brilliant elucidation of General Welfare, 191 early interpretation of should be respected, 192 acts of New Deal listed which Jefferson would condemn, 193 Senator Benton of Missouri condemned "latitudinarian construction", 193 President Cleveland vetoed bill for aiding farmers, 194 Social Security Act erroneously sustained under General Welfare Clause, 195 held not to support Agricultural Adjustment Act, 200 this Clause and Commerce Clause cloaks for Congressional marauding, 252 GOLD DOLLAR "CLIPPED," 1934 authority to President in Agricultural Act, held unconstitutional, 133 bondholders thoroughly "frisked" by Government, 142 by "directive" President cut 25.8 grains to 15-5/21, 135 Congress abdicated to President power over coinage, 134 Congress declared "emergency" required seizure of gold, 135 Congress recognized damage done by repudiation, 143 Constitutional Convention proclaimed debt would be paid, 139 Hamilton on promises of a borrowing government, 138 Madison on morality in relation to public debt, 139 Marshall, Chief Justice, on seizing property individual, 138 President given by Constitution no authority over coinage, 134 "profits" gained by United States and States, 137 Secretary Treasury boasted on radio of "profit" made, 145 Senator boasted of wealth to be "transferred" from holders, 144 all gold and gold certificates seized from Americans, 135 Congress repudiated gold contract in its bonds, 135 vastness of debt repudiated, 136, 137 Supreme Court held contract inviolable; but no remedy, 141, 142 four dissenting justices found aid to farmer the purpose, 143 usefulness of Gold Clause stated by dissenting justices, 145 dissenting justices said "legal and moral chaos appalling", 149 GOVERNMENT, PRINCIPLES OF are not outmoded; first to chain man in power, xii Constitution written to limit powers, 20 conflicting decisions of "inherent powers" cited, 20, 21 purpose of Constitution to exclude "inherent powers," 21 most "problems" in United States caused by Government, 60 "new thought" is bringing forward "inherent power," 20, 291 no power that is not granted by Constitution exists, 21 scientific, or based on classified knowledge, 254 GOVERNORS OF STATES complained in convention that President ignored them, 177n had failed to stand for sovereignty of commonwealths, 178 yet their hands are out for "federal aid," 178 GRADUATED TAXES UNCONSTITUTIONAL equality of treatment removed by Income Tax Amendment, 61 fallacious belief in property expressed by Supreme Court, 76 instrument of Communism for confiscation, 56 not called for in Sixteenth Amendment, 60 President Roosevelt advocated confiscation incomes by, 65 in 1908 Socialists demanded "graduated" income tax income tax , 54 first act Congress employed graduation: not in amendment, 54 States drained of needed revenue by graduated tax, 55 graduation not applied to any other property, 64 cases cited showing graduation wrongfully adopted by Congress, 67 condemned by Supreme Courts of several States, 69 very slight in Civil War laws, 70 graduated income tax adjudged war measure by Congress, 71 fallacy of Supreme Court in sustaining, 76 dissent by Justice Brewer to all graduations, 77 State Supreme Courts understood subject clearly, 77 decisions Supreme Court upholding on incomes and estates unsound, 80 Lawless Government Resulting From, 80, 81 HAMILTON, ALEXANDER said constitutional election would insure able Presidents, 275 stated limits on power of President, 255 believed "abuse of power taxation" guarded against, 61 Congress must "pursue" lines of Constitution, 20 explains Constitutional Convention's ideas on choosing President, 272 had great hope in House of States, 11, 12 Judicial powers expounded, 17 quoted on making government "control itself," 299 quoted respecting Gold-Clause repudiation, 138 said Judiciary, without initiative, needs protection, 49 thought States would resist National encroachment, 54, 162 quoted against unlimited national power, 189 HOAR, SENATOR GEORGE F. beautiful tribute to spirit of our Constitution, 298 corrupt cities drag States to corruption, 91 heard Webster tell Supreme Court he had voted against each, 12 quoted on need of statesmen jurists on the Bench, 229n said old-time members of Congress told White House what, 256 ILLITERATE WRITERS attack Judiciary on the Constitution, 16 INCOME-TAX AMENDMENT Sixteenth Amendment did not propose "graduation," 60 gave Nation most corrupting form of power, 54, 55 money from took Congress beyond its constitutional field, 62 President Taft asked for plain income tax in 1909, not graduated, 50, 60 panic 1907 made "scrip" necessary for money, 50 in 1908 Socialists demanded "graduated" income tax, 50 "progressive" income tax advocated by Karl Marx, 53, 57 brought unintelligent relinquishment by States of their power, 54 income tax not "graduated" is desirable, 54 first act Congress employed "graduation": not in Amendment, 54 States drained by "graduated" tax of needed revenues, 55 intended only to meet decision on tax 1894, 61 gave Congress no new power to tax, 61 money in excess caused lawless government, 62 people showed no enthusiasm for, 63 men and money retired to enjoy tax exemptions, 68 cases cited showing "graduation" wrongfully adopted by Congress, 67n States should repeal and resume control of their treasury, 75 INITIATIVE, REFERENDUM, AND RECALL ideas borrowed by North Dakota from Switzerland, 3 recall judicial decisions rejected by Colorado, 4 Kansas limited recall to appointed officials, 4 initiative never extensively used and now seldom heard of, 4 introduced after bank panic and crop failures, 5 where language of Constitution clear, no place for explanation, 68 imported from Switzerland in 1893, 3 spread of the evil idea of "Democracy," 8 idea behind, threatening constitutional Presidency in 1950, 289 INJUNCTIONS American's right to crippled by Norris-LaGuardia Law 46 Blackstone quoted on right to and how obtained, 47, 49 labor organizations often benefit by writ of injunction, 27, 28 long line decisions deny charge courts disfavor labor, 27, 171n long-standing Rule Supreme Court gives all full protection, 49 INTERPRETING CONSTITUTION Senator Benton of Missouri denounced "latitudinarian construction," 193 INTERSTATE COMMERCE COMMISSION findings partially immunized by invalid Act Congress, 44 needlessly wiped out property railroad stockholders, 45, 46 threats in Congress of impeachment, 46 President never appointed big men of commerce or industry, 45 JACKSON, PRESIDENT ANDREW quoted on government keeping out of business, 156 JEFFERSON, THOMAS predicted formidable power in the President, 255, 257 said Tenth Amendment real body of the Constitution, 192 wrote brilliant exposition General Welfare Clause, 191 feared "perpetual re-eligibility of the President," 257 JUDICIAL "LEGISLATION" expansion or diminution Constitution our greatest peril, 207 Supreme Court struggles to put First Amendment in Fourteenth, 207 search for the unperceivable, 208 "Liberty" in Fourteenth Amendment not "religion" from First, 213 people, not courts, must blend the two Amendments, 215 misconstruction of Fourteenth Amendment has overloaded Supreme Court, 215 State Republics invaded by National through judicial interpretation, 215 using school buildings for religious instruction held unconstitutional, 215 Supreme Court Illinois held such use lawful, 216 decision overruling Supreme Court Illinois absolutely untenable, 216 analysis of decision and constitutional provision, 217 history of Fourteenth Amendment ignored in decision, 218 religious persecution underlying First Amendment shown, 218 decision in Illinois school case affected 2,000 communities, 219 held First effective against States through "liberty" in Fourteenth, 220 appointees to Federal courts should be seasoned jurists, 242 Chief Justice Marshall showed how to avoid danger, 209 disagreements among justices of Supreme Court, 209 distinction between National and State citizenship, 212 each State a Republic, supreme locally, 6, 7 First Amendment not rewritten or absorbed by Fourteenth, 214, 215, 216 Fourteenth Amendment quoted and explained, 212, 215 for Ultimate Power to change Bill of Rights, 210 frequent assertions become accepted law, 109, 219, 221 interpretative amendments suggested, 249 most dangerous to Constitution because insidious, 207 no amendment ever proposed to change application First Amendment, 227 Slaughter-house cases, New Orleans, leading authority, 227 State sovereignty not reduced by Fourteenth Amendment, 237 States upset by interference local affairs, 239 the question that has embarrassed the Justices, 234 Twining case followed Slaughter-house decision, 230 Justice Bradley on "mystifying" constitutional language, 217 Congress without authority to aid schools in States, 217 Cooley on history of words in law to be interpreted, 218, 219 fallacy in Supreme Court decision shown, 218 history of religion found in First Amendment, 218 Illinois case examined and law stated, 215, 216 Republic of Illinois competent to manage its affairs, 219 Supreme Court Illinois decided no violation Constitution, 216 theory decision rejected by, 140 years practical application, 219 what Supreme Court should have said in Illinois case, 217 wide effect of erroneous decision of Supreme Court, 219 JUDICIARY OF THE CONSTITUTION Constitutional Convention intended statesmen foreseeing consequences of errors, 92 Constitutional Convention denied Congress authority regulate courts, 41 Congress has no judicial power to confer, 44 Federal courts should be replenished from State courts, 242 "The Federalist" said judiciary weakest Department and needs defense, 242 indefensible appointments by President and Senate shown, 241 accepted dictation from Congress; acts reviewed, 183 acted in defense of the Constitution in former days, 83 adequate in labor case when Government in comer, 169 attacked by President when war impending, 14, 38 attacks on by Congress, 39, 40, 43 attacks on by labor leaders, 19 attempt at court-packing in 1937, 23 Attorney General wrote book against, 25 bar should compel appointment experienced judges, 242 Congress taxed salaries judges since 1919: violating Constitution, 89 Congress taxed unconstitutionally salaries Federal judges, 89 equity power for injunction given by Constitution, 47 failed to resist attacks by Congress, 41, 43, 47 favorable decisions for labor, 27 industrial disputes justiciable, for courts, 171 injunctive power inherent, 47 "Keystone of American Arch," said Von Holst, 18, 242 power extends to litigation by States, 42 powers clearly set out by Hamilton, 17 recall of decisions of, by voters advocated, 4 salaries taxed after Child Labor decision, 89 will it maintain constitutional limitations? Judge Dillon, 130 JURY, THE the Court of Last Resort for liberty -- "the Country,"
See also "Trial by Jury" by Lysander Spooner, 1852
87 LABOR AND COURTS decisions of half century for labor cited, 30 "labor's gain" under President Roosevelt built on closed shop, 27, 28 workers have right to quit but not conspire for damage, 82 strikes during war gave "aid and comfort" to enemy, 33 strikes destructive of private enterprise, 33 courts can prevent destruction of property, 34 Debs Strike 1894 ended by injunction Federal Court, 35 seizure railroads and other property illegal with courts open, 35 ability courts to protect public shown in Communist cases, 36, 37 importance of "the country" to Americans in court, 37 Norris-LaGuardia Act denial of justice, 46 Blackstone quoted on principle governing issue of injunctions, 47, 49 ancient rule Supreme Court covered all requirements of justice, 49 United States forced to get injunction against strikers, 169 paramount interest public makes labor controversies for courts, 31, 169 Industrial Court of Kansas held unconstitutional, 170 labor controversy has ceased to be personal to parties, 171 industrial controversy handled at Washington with eye on elections, 172 Washington friendly to sit down strikes, 173 workers asked for injunction, bringing great illustrative case, 28 "collective bargaining" long before "New Deal," 29 favored by many judicial decisions, 27 National Labor Relations Act oppressive to industry, 175 organized attacks on Judiciary of the Constitution by labor, 19 questions solved by court when Government in corner, 36 LAW SCHOOLS only 8 of 25 universities required study Constitution, 26 MADISON, JAMES believed States would resist National aggression, 101 denied General Welfare Clause authority over States, 186, 187 on morality and the National Debt, 139 quoted on line dividing National and State powers, 182, 186, 187 set forth advantages Republican form of Government, 7 stated limited powers of the new Government, 7 assembled protests of States into Bill of Rights, 187, 188 fought and defeated "Federal aid" in first Congress, 188 MARSHALL, CHIEF JUSTICE JOHN creation National Bank upheld by Marshall to aid Government, 103n quoted on honor in debt of Government, 138 said Congress cannot tax for purposes within States, 182 quoted on adhering to text of Constitution, 209, 265 quoted by dissenting justices in Minnesota Press Case, 224 held tax of Maryland on importer violation National citizenship, 226 quoted on power of people in States, 231 quoted on relation of Nation and State, 224 quoted on seizure gold by United States, 138 MARX, KARL advocated abolition of estates passing at death, 56 "graduated" income taxes for confiscating property, 56 stated theories and purposes of Communism, 56 MATERNITY ACT, 1931 authority over women sought by unmarried, 91 cost 11 million and accomplished nothing, 92 police field of States invaded by Congress, 91 Supreme Court avoided passing on Constitutionality of, 92 McREYNOLDS, JUSTICE JAMES C. exposed fraudulent pretenses Tennessee Valley case, 123 "moral and legal chaos appalling," in Gold Clause cases, 149 MINNESOTA PRESS CASE Act Minnesota stopping libelous publications valid, 220 "assumption" of predicate too often employed, 221 "authorities" relied on by Supreme Court examined, 221 case in Illinois preceded by case in Minnesota, 219 decision against 70 years application First Amendment, 223 each decision cited by Court invasion of State, 221 fallacy in reasoning Supreme Court, 224, 225 first definite trespass on State authority, 220 local government Minnesota overturned, 220 Chief Justice Marshall on relation State and Nation, 224 statement by dissenting justices, 223 Supreme Court held State violated First Amendment, 220 MONEY Constitution quoted respecting power given to Congress, 22 dangerous power in hands of Government, 22, 81 Congress can spend only for specified purposes, 22 Constitution gives President no authority over, 134 opinion financial writers on content gold dollar, 141 Congress should have returned value for gold seized, 147 MUSSOLINI Fascism by Italian structure now in United States, 36 set up 22 corporations for management of government, 39 NATIONAL DEBT See Also Jefferson's Prophesy and
Reality, Economic Prosperity, & The Government Myth
Madison on morality connected with, 139 "profits" on gained by Government stated, 137, 145 United States repudiated part of its obligations, 136 vast increase in time of peace, 136 NATIONAL EDUCATION ASSOCIATION favored "Federal aid" to schools; and centralism, xi NATIONAL LABOR RELATIONS ACT, 1935 passed under cloak of Commerce Clause, 161 made a Nation of Union of States, 161 Hamilton could not see that representatives would diminish States, 162 "emergency" excuse for invading police field of States, 162 after Act strikes tripled in number, 167, 168 table showing number strikes by years, 167n government of Wisconsin on lawlessness of strikers, 168 Department of Justice inactive respecting strikes, 169 four Justices Supreme Court dissented, 163 Government driven to comer by strikers, 169 Governor New York protested use Commerce Clause such cases, 164 Supreme Court, supporting, overrode long line decisions, 163 title denies law for regulation under Commerce Clause, 163 NATIONAL NOMINATING CONVENTION long platforms promising everybody everything then unknown, 260 an author describes a saddening spectacle, 285 appalling consequences of Convention 1932, 284 Charles Sumner quoted against its methods, 261 dominated (1920) by senators and other officials, 270 evil instrumentality from delinquency of States, 267 first 11 elections without Convention or Platform, 259 instrumentality of "cabal, intrigue, and corruption," 286 non-delegate 2000 miles distant nominated F. D. Roosevelt, 286 no Corrupt Practices Acts before Nominating Convention, 260 Senator Benton, Missouri, denounced it in 1859, 261 States can abolish unconstitutional peril, 291 through "cabal" Roosevelt nominated in 1932, 285 NEW DEAL all of its remedies were ancient failures, 53 unconstitutional in all its features, 53 put in effect platform National Socialist Party 1908, 52 a historic subterfuge for statecraft, 53 NORRIS-LAGUARDIA ACT, 1932 denied in practice employer's legal rights, 46 industry, winner of war, near friendless in Government, 47 OLEOMARGARINE act of Congress restricting and overtaxing upheld, 175 law of Pennsylvania forbidding manufacture absolutely sustained, 176 decision in Pennsylvania case condemned by Judge Dillon, 176 act Congress repealed after 64 years (1950) legislative folly, 176 PACKER AND STOCKYARDS ACT, 1921 entirely needless; Illinois was in control of situation, 97 as governor, Roosevelt condemned such use Commerce Clause, 97 legislation superfluous and illegal; Sherman law adequate, 98 decision sustaining submerged long line of cases, 100 became precedent for National Labor Relations Act, 101 Madison believed States would resist such encroachment, 101 PAYROLLERS, EXECUTIVE astonishing and steady increase of: 1800 bureaus, 113 numerous enough to turn Presidential Election, 113 trampled on customary law against third term, 259, 262 POLICE POWER IN STATES Marshall held Congress cannot tax for State purposes, 182 power inheres in States and cannot be surrendered, 182 Judge Cooley quoted on inhering in States, 184 illegal Housing Act Congress aiding States upheld, 185 last word in Bill of Rights protecting police power, 185 Congress exercises under Fair Labor Standards Act, 185 not affected by Fourteenth Amendment: Justice Field, 237 POWERS OF GOVERNMENT union of "very definition of despotism," xii division of powers failed in Rome, xii those granted to Congress by the Constitution enumerated, 293 "inherent" powers now coming to the fore, 20, 21, 29 PRESIDENT, THE method of Convention would insure choice of big men, 275 appointments by governed by political considerations, 36 Constitutional election will clean out stables, 284, 285 peril in patronage shown by Senator Norris long ago, 276 President F. D. Roosevelt devised Thousand Dollar Clubs, 280 given no authority by Constitution over money, 134 Madison quoted on his limited field of authority, 255, 195 Jefferson predicted formidable power of President, 255, 257 Third term, fourth, and fifth owing to payrollers, 262 the "perpetual re-eligibility of" was frightening to Jefferson, 257 Press, by conferences, enabled President to reach dictatorship, 256 Senator Hoar quoted on time when President was shown the way, 256 political chief, nominating himself and his successors, 258 quotation from his secretary showing handling of nomination, 258n payrollers in President's Department and families control election, 259, 262 popular election would be destructive of Republic, 259, 261 first eleven elections without farcical Nominating Convention, 259 Congress forbade one of his fund-raising schemes, 279 President Roosevelt by-passed Corrupt Practices Acts, 280 illegal power brings disregard of Constitutional restraint, 284 asked Congress for 22 enactments beyond Federal power, 293, 294 extraordinary call for unconstitutional acts provoked no criticism, 294, 295 Constitutional Convention intended and directed States elect President, 264, 265 PRESIDENTIAL ELECTION, THE a careful plan against popular vote frustrated by States, 263 author quoted on senators controlling National Convention, 270 bargains by President should be unnecessary, 282 controlled by 3 million employees Executive Department, 113, 259 Corrupt Practices Acts consequence Nominating Convention, 260 Charles Sumner denounced (1872) Nominating Convention, 261 choice of executives greatest achievement at Philadelphia, 289, 290 clause for appointing electors quoted, 265 Constitutional Convention for Representatives, not crowd, 272 Congress forbade President's money-gathering method, 279 Convention 1932 and before what Philadelphia feared, 264 election 1948 proved popular vote real danger, 261, 262 evil consequences election 1932, 258 Roosevelt did not have full New York delegation, 1932, 286 Governors accused White House of ignoring them, 177n great learning underlay at Philadelphia electoral plan, 264, 272 half electorate did not vote in 1948, 263 Hamilton quoted fully on idea at Constitutional Convention, 272 "interests" providing funds will remain interested, 281 in the promising future, 263, 264 issue is between Populism and constitutional Republic, 277 Jefferson on tyranny of the executive, 255 managed vote of corrupt cities sought, 259 members Thousand Dollar Clubs feted, inauguration 1945, 280 men of highest capacity could be selected constitutionally, 275 office-holders excluded from participation in election, 269 present political party system can be maintained, 283 "Populism" danger in Presidential elections, 277 slavery and Presidential election two "trials" Republic, 290, 291 unsound ideas commentators on constitutional method, 287 when Legislatures again themselves appoint electors, 256 certificate education in Constitution should be requisite to voting, 90 Senator Hoar quoted on conditions in States, 91 restoration of Australian ballot is imperative, 91 industrial disputes handled in view of, 172 first eleven without farcical Nominating Conventions, 259 no Corrupt Practices Laws necessary then, 260 States should resume control and follow Constitutional direction, 260 Presidential so farcical nearly half electors do not vote, 263 Bryce quoted on "the fatalism of the multitude," 263 corrupt election greatest fear of Constitutional Convention, 264 States put duty on themselves to elect President, 265 Marshall quoted on following letter of Constitution, 265 legislatures of States have abandoned election to politicians, 266 short ballot made bad situation worse, 268 methods of confusion in different States, 267 Federal office-holders forbidden to manage elections, 269 four senators dominated convention 1920; one became President, 270 States shown quite competent to nominate President, 271 Constitutional Convention feared "cabal, intrigue, and corruption," 274 statesmen, not politicians, sought by Constitutional Convention, 275 in 1914 Senator Norris predicted disaster from patronage, 276 in present conditions "popular" election would not be popular, 277 Corrupt Practices Laws for 40 years ineffectual, 277, 278 President Roosevelt by-passed Corrupt Practices laws, 280 candidates' conduct today compared with Cleveland's and McKinley's, 281n Constitutional method would remove Chief Executive from politics, 282 men of highest capacity would occupy Presidential Office, 283 illegal Presidential power causes disregard of Constitution, 284 State legislatures should themselves appoint Presidential electors, 284n badly reasoned proposal to amend Constitution, 287 people at home intended to make choice, 288 Hamilton and Jay quoted on this point, 288 proposed amendment would be futile and "democratic," 289 Presidential election and slavery two great trials: Senator Benton, 290, 291 removal of remaining peril lies with States, 269, 291 PRESS, THE guilelessly contributed to President's rise to dictatorship, 256 PRIVATE INDUSTRY assailed by Fascist corporations in many places, 125, 152 berated as for lese majesty when defending itself, 117 propaganda TVA and other Fascist set-ups fierce, 127, 128 selling out, fearing competition from taxpayers' money, 119 PROPERTY history of man's right to acquire and transmit, 77 English Charter 1101 quoted showing right of inheritance, 78 English writer says estate tax recrudescence of Feudalism, 79 causes destruction of business at death in United States, 79n erroneous idea Supreme Court on man's right to, 80 Hallam and Blackstone on man's inherent right to, 79 President F. D. Roosevelt would take by taxation, 56 private to be abolished by Communism, 57 scourge of unconstitutional taxation exhibited, 74, 81 stupendous volume illegally exempted from taxation, 74 Supreme Court's error root of tyrannical taxation, 80 RECALL JUDICIAL DECISIONS American Bar Association took issue to country, 4 Colorado only State to adopt; held unconstitutional, 4 Theodore Roosevelt advocated; later repented, 4 to be by voters unlearned in law, 5 RECONSTRUCTION FINANCE CORPORATION, 1931 as not necessary to functioning Government, invalid, 110 at large with developments in Alaska, 152n abolition advised by Hoover Committee in 1949, 104 flood of Federal moneys lent beyond national field, 104 resists proposal Hoover Committee for abolition, 104 String of non-Governmental corporations followed it, 108 patterned after Wilson's War Finance Corporation, 102 not warranted by any clause of Constitution, 102 only in aid governmental operations can corporation be created, 102, 103n expended money illegally serving banks, railroads, etc., 103 now 30 Federal agencies lending money of taxpayers, 104 departed from purpose of domestic help; loans become world-wide, 104 in 1949 reported loans at all-time high, 105 5400 borrowers "touched" taxpayers for $416,000,000 - 1949 105 former head RFC said it would make bad loans, 106 REPUBLICAN FORM OF GOVERNMENT Nation and States all given representative governments, 7 Madison quoted on restriction to Republican form, 7 fully and ably discussed in Constitutional Convention, 7 belief that it would control effects of factions, 8 frustrated by direct election of senators, 9 ROOSEVELT, FRANKLIN D. third and fourth terms given by his payrollers, 262 totally lacking in knowledge of taxation, 55 proposed by tax to keep down incomes, 65 his argument for Fascist corporation, 117 as governor condemned misuse Commerce Clause for acts like NLRA, 163, 164 as governor against Federal interference in business activities, 86, 166 in fourth election by-passed Corrupt Practices Act, 280 devised Thousand Dollar Clubs to meet campaign funds, 280 not choice of his own state in 1932, 285 nomination of described in Stoddard's book, 285 nomination whole ticket "fixed" by long distance to California, 285 nominating convention refused unanimous vote, 286 advocated bills misusing Commerce Clause, 86 attack on Federal courts not first, 14, 38 attack on Federal courts not first, 56 his National Labor Relations Act misuse Commerce Clause, 163, 164 sent "must" bills to Congress, in manner of George III, 183 ROOSEVELT, THEODORE displeased by decisions; advocated recall by people; repented, 4 RUBBER STAMP CONGRESS abdicated money power to President, 183 accepted "must" bills from President, 183 enacted National Labor Relations Law, 161 passed Social Security Act, 179 passed Emergency Banking Act to seize the American's gold, 135 SCHOOLS Congress without constitutional authority to give money to, 217 have neglected courses in Constitutional history, xi lack of learning in Constitution dangerous, 10, 255 lack of scholarship caused Congressional attack on judiciary, 14 law schools blamable for lack of Constitutional education, 26 only 8 of 25 universities require Constitutional study, 26, 211 Missouri law requires teaching Constitution in schools and universities, 50 have failed to make America foresee coming evil, 81, 82 laws of 40 states requiring Constitutional education are dead letters, 89 erroneous belief prevalent that National Government should take over, 97 President Roosevelt's call for 22 unconstitutional acts provoked no criticism, 294, 295 only way to challenge Communism and other sophisms, 12 the peril of uneducated public opinion, 50, 294 SENATE, THE capable men excluded by expenses of election, 10 illustrious examples of holders of long term, 10 "The Federalist" quoted on value House of States, 11 "The Federalist" quoted on Senate checking House, 12 House of States broken by Seventeenth Amendment, 1913, 9, 11 campaign for seat now too costly, 10 constitutional election was by legislature, 9 theory of Constitutional Convention stated, 11, 12 Webster on duty respecting President's appointments, 12 SHERMAN ANTI-TRUST LAW, 1891 Supplemented by Clayton Act and Federal Trade Commission, 98n sufficiency of had been proved in many cases, 99 both parties for in campaign year: Senator Borah, 98n SOCIAL SECURITY ACT, 1935 Constitutional Convention feared such legislation, 185 Cooley quoted on police power of the States, 184 did President Cleveland foresee such legislation?, 194 Hamilton said Congress limited to specifications, 189 Jefferson expounded General Welfare Clause brilliantly, 191 most complete abandonment of constitutional doctrine, 179 Nation has no constitutional interest in the subject, 199 no State would have ratified under other view, 192 States must provide care for those needing it, 199 Taxing and Spending Clause of Constitution quoted, 186 act based on error in law and fact, 75 comment of President Roosevelt upon signing, 181 many Presidents vetoed "Social Security" measures, 182 subjects covered by act for police power states, 182 Madison quoted on separation National and State powers, 182, 188 Congress cannot tax for State purposes: Marshall, 181 upheld in disregard history and learning on welfare, 195 Supreme Court erred on ability states to aid, 197 made permanent by court on "cyclical" depression, 198 decision upholding let Congress take "boundless field of power," 201 SOCIALISM defined by demands National Socialist (NAZI) Platform, 1908, 38, 52 "New Deal" put Socialist platform in effect, 52 no authority for in the Constitution, 39 Supreme Court of the United States sustained it in North Dakota, 5 dependence on government brings unfortunate conditions, 6 SOIL CONSERVATION AAA cloak of Congress to subsidize farmers, 202 grants by Congress in 1947 were 2.2 billion, 203 those subsidies supported prices of grain to $3, 203 conservation important, but not to Washington, 204 conservation deceiving term like National Labor Relations Act, 204 Constitution affords plain method for conservation, 205 bureaucrats administrating cost 24 million per year, 206 STATES, THE Hamilton believed States would defend against Congress, 54 conference of governors complained of disregard by Washington, 177n States blamable through members in Congress for conditions, 178 yet governors still want "Federal aid," 178, 179 representatives of States in Congress must take back Union, 180 did not intend to restrain themselves by Bill of Rights, 210 no restraint on by any article in Bill of Rights, 225 Marshall quoted on power of people in, 231 held no general rule applying Bill of Rights to, 232 self-incrimination provision Fifth Amendment not applicable to States, 233 toppled in groups by misapplication Fourteenth Amendment, 240 blamable for National Nominating Convention, 267 each a Republic independent in local affairs, 7, 224 education in Constitution should be made imperative by, 50 given benefit of National Judiciary, 42 House of States broken by popular election senators, 9 invaded by Stockyards Act, 97 legislatures elected senators to their House, 9 Madison said would rise against National encroachment, 101 must adhere to Republican form of government, 7 should abolish "straight ticket" in elections, 91 States alone must help the helpless, 211 when, only, Nation can enter States, 214 would not have accepted Constitution with Social Security, 192, 193 abdication of constitutional powers and duties by, 183 STRIKES Communism active in American strikes, 174 Earl Browder quoted to that effect, 174, 175 public rights paramount where strike probable, 31 strikes during war gave "aid and comfort" to enemy, 33 strikes destructive to private enterprise, 33 Debs Strike 1894 ended by injunction Federal Court, 35 President stopped strike 1946 by getting injunction, 36 United States forced to get injunction against strikers, 169 after National Labor Relations Act strikes trebled in number, 167, 168 table showing number strikes by years, 168 government of Wisconsin on lawlessness of strikers, 168 Department of Justice inactive respecting strikes, 169 courts have shown capacity to handle disputes right, 34, 36, 37 no right in law to concerted strike in large employment, 171 public interest makes controversies justiciable, for court, 31 sit-down strike not disfavored in Washington, 171 SUBSIDIES appeared in first Congress: Madison opposed and defeated, 188 between 100 and 150 million in eggs by WFA not wanted, 153, 154 "ever normal granary" - fed wheat to pigs, 152 FSCC dumped in 1944, 14 carloads spoiled eggs, 152 purchased 10,500 carloads eggs to support price, 153 sold at heavy loss 26 carloads eggs for hog feed, 153 total reported for 17 years, $14,571,060,000, 155 Washington dumped millions bushels rotten potatoes, 154 almost immeasurable losses in support of agriculture, 157 almost immeasurable losses in support of agriculture, 197 SUPREME COURT, THE attempt by President Franklin D. Roosevelt to pack, 23, 14, 88 long continued attempt by Congress to intimidate, 14 Congress piqued by holdings acts violated Constitution, 15 decision by majority historical and Constitutional, 15 men in schools join in attack on judiciary, 15 samples of books against judiciary by supposed scholars, 16 Hamilton quoted in "The Federalist" on function courts, 17 judicial system of Constitution praised by foreign scholars, 18 organized labor demands curb on courts, 18 Canada and Australia adopted American judicial system, 18 American Federation Labor favors amendment curbing Supreme Court, 19 Constitution, not court, "invalidates" act Congress, 19 does not "veto" act Congress when citizen brings suit, 22 acts of "New Deal" held unconstitutional cited, 23 President Roosevelt kept plan to pack from people, 24 mathematics of court packing plan exhibited, 24 Senate rejected President's attempt court packing, 25 President Roosevelt had once objected to increasing number judges, 25 book by Attorney General supported court packing, 25 attempt to pack not sudden outburst of alienism, 38 great statesmanship is exhibited in Slaughter-house decision, 230 Slaughter-house decision sensed peril appearing in Minnesota and Illinois, 230 followed Slaughter-house cases over third of century later, 230 "assumed" frequently Fourteenth Amendment absorbs First, 221 Canada, Australia and other countries copied Court, 17 changed from Republican majority of one to 8 Democrats, 242 declined to pass on validity Maternity Act, 92 erroneous decision in Illinois school case, 216 fallacious idea on man's right to property, 76 held Income Tax Act 1894 invalid, 61 held tax on salaries judges prohibited by Constitution, 200 ignoring history, sustained Social Security Act, 200 importance of far-seeing judges: Senator Hoar, 229n its Equity Rule protects all alike in injunction cases, 49 Jehovah's Witnesses given illegal latitude, 240 labor favored by many judicial decisions, 27 misapplied Fourteenth Amendment in Minnesota Press case, 219 overrode cases in upholding National Labor Relations Act, 163 should be replenished from Supreme Courts of States, 242 refused in 1895 to amend Constitution, 61 said "emergency" does not confer power, 135 Senator Webster voted against every Justice hearing him, 12 took narrow view of wide record Tennessee Valley Authority, 119, 121 told by Cooley consider history of a provision Constitution, 218, 219 warned against "mystifying constitutional provision, 217 SUPREME LAW OF THE LAND specified in the Constitution, 19 words of provision quoted, 19 TAXATION President Coolidge quoted; needless taxation "legalized larceny," 56 President Cleveland denounced avoidable taxation, 56 President Roosevelt's "tax processes" from Communist Manifesto 1848, 56 principle eminent domain applies: Government must give value for tax taken, 64 Judge Cooley quoted tax must be proportionate to "interest secured," 64 must be for revenue, not punishment, or regulation: Justice Story, 66 Edmund Burke said Americans anticipated grievance, 81 grant of power by Constitution quoted, 186, 187 President vetoed tax reduction bill demanded at election, 206 spenders "scourge, rather than govern, the state," 206n "abuse of this power" Hamilton thought prevented, 61 incomes and estates only property taxed by graduation, 63, 64 President F. D. Roosevelt deficient in knowledge of, 55 TENNESSEE VALLEY AUTHORITY, 1933 electrical power corporation created with pretense regulating floods, 110 admitted by government no grant for manufacturing power, 110, 122 selling electrical power in great volume now, 111 people misled by easy getting, 111 other unconstitutional power projects followed TVA, 111 projectors purposed to introduce corporation of Fascism, 112 took over Muscle Shoals Dam of World War I, 113, 114 National Defense Act, 1916, revealed purpose manufacture power, 115 Intention behind TVA kept secret in campaign 1932, 115 multiform activity and losses to taxpayers, 116 private investors being driven out, 119 President Roosevelt's argument for Fascism, 117 President's "yardstick" becomes a bludgeon, 120 figures show power, not flood control, purpose, 121 United States District Court held Congress without such power, 121 reversed by Supreme Court, 121 matter in court record prophesied "electrification of America," 123 private corporations would be put out of business, 123 later President Roosevelt confirmed dissent Justice McReynolds, 124 Congress rejected application for steam plant, 124 power projects now cover 44 of 48 states, 124n flood control fraudulent pretense of Fascism, 125 question should have been left to Ultimate Court, 126 Supreme Court should not amend Constitution, 126, 127 TVA powerful and dangerous propagandist, 127, 128 taxpayers provide money; big business takes the power, 128n mathematics proves private capital cannot stand such competition, 129 can court maintain Constitution against such legislation: Judge Dillon, 130 project destroyed 500,000 acres productive land, 130 yearly production foodstuffs over 14 million gone forever, 131 Fascism thrust upon Tennessee Valley, 132 power project carried to Alaska, 152 "a deliberate step into forbidden field"; Justice McReynolds, 123 act creating of great length and difficult detail, 115 agricultural and industrial development by Congress illegal, 114 all valleys before developed by dwellers therein, 111 apparent success will proves fundamental failure, 111 Congress becoming weary of costs, 117 Constitution authorizes only control of interstate river, 114 disadvantage suffered by private investors, 116, 119 displaced 13,433 families, 131 engaged in many non-governmental activities, 115 escapes taxes and pays no interest, 116 fallacy in reasoning Supreme Court, 129 Fascist corporation planned before 1932 election, 115 Fascist corporations overspreading the map, 152 Federal Power Act 1935 further development Fascism, 125 investors objecting denounced as "anti-social," 117 losses in 1946 8 million; from beginning 100 million, 116 McReynolds, Justice, saw private investors "put out," 120 private competitors pay taxes and interest, 116, 119 private investors selling out in fear, 119 prophetic lawyer foresaw such decisions, 130 revelation extraordinary growth power plants, on taxpayer, 125, 152n Supreme Court took narrow view of wide record, 122 was Gen. Eisenhower's "creeping paralysis" aimed at this? 112 TENTH AMENDMENT last word Bill of Rights protecting police power States, 185 Chief Justice Chase on importance of States in Republic, 201 disregard of leads to "boundless field of power," 65 Jefferson said body of the Constitution, 192 Maternity Act 1921 in disregard of, 91 National Labor Relations Act forbidden by, 161 persistence of Congress in violation of, 161 President Cleveland on observing boundaries, 13 Commerce Clause and General Welfare cloaks for violation of, 97 cases in pursuance of overruled, 85 quoted on California Tide-Lands Case, 248 Social Security Act contrary to, 182 Soil Conservation Act in disregard of limitation, 201 strongest objections to Constitution brought this Amendment, 185 Stockyards Act, 1921 in contravention of, 96 TIDE-WATER OIL LANDS property of States seized by United States, 243 seizure upheld in decision of Supreme Court, 243 California had held possession 100 years, 244 Chief Justice Taney held title in States, 1842, 245 so decided again in 1845, 246 so decided by Justice Field respecting California, 1873, 246 those cases disregarded but not overruled, 1947, 243, 246 Senator from State started movement against States, 249 two Presidents encouraged illegal seizure, 249 action United States comparable to partition of Poland, 250 States have power to overrule unwarranted decision, 252 ULTIMATE POWER, THE PEOPLE Article V shows way change or abolish Constitution, 37, 126, 127 first Income Tax Case referred to Ultimate Power, 126 Justice Brandeis on "procedural regularity," 235 UNPRECEDENTED TASK OF CONSTITUTIONAL CONVENTION to maintain general sovereignty of States in a Republic, 296 confederations had always disintegrated; nations had become imperial 296 task was to unite and maintain individuality of each, 297 States surrendered few inherent powers and carefully guarded remainder, 297 first successful attempt of a people to restrain themselves, 299 Senator Hoar quoted on this extraordinary restraint, 298 three lessons taught to posterity by Constitutional Convention, 298, 299 Hamilton said difficulty to make government control itself, 299 that is surpassing task of the American today, 299 VOTING States should abolish the "straight ticket," 91, 180 should be limited to constitutional scholars, 90, 180 States should bring back strict Australian ballot, 91 eligible voters remain away from polls; above half, 263 WASHINGTON, GEORGE cautioned against amendments by tinkers, 11 WEBSTER, DANIEL said our government is last hope of world, xiii, 272 as Senator voted against confirmation of Justices of Supreme Court, 12 WILSON, JAMES legal scholar of Constitutional Convention explains limitations on Congress, 190 pointed out in Convention two citizenships: National and State, 212
Reproduction of all or any parts of the above text may be used for general information.
This HTML presentation is copyright by Barefoot, November 2000
Mirroring is not Netiquette without the Express Permission of Barefoot
Barefoot, 18446 W. Holland Road, Post Falls, ID 83854
On the Web Nov 30, 2000 - Last Revised Oct 11, 2002
Visit Barefoot's World and Educate Yo'Self
Barefoot's World Links
Three mighty important things, Pardn'r, LOVE And PEACE and FREEDOM