xt7wwp9t2q46_67 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/mets.xml https://exploreuk.uky.edu/dips/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. 70 "The Constitution And The Supreme Court" Speech of Borden Burr of Birmingham, Alabama, before the Kiwanis Club at Columbus, Mississippi, September 19, 1935 text No. 70 "The Constitution And The Supreme Court" Speech of Borden Burr of Birmingham, Alabama, before the Kiwanis Club at Columbus, Mississippi, September 19, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_70/Am_Lib_Leag_70_001/Am_Lib_Leag_70_001.pdf section false xt7wwp9t2q46_67 xt7wwp9t2q46 Pamphlets Available L
_ ir _ ir Ik
Copies of the following pamphlets and
other League literature may be obtained
upon application to the League’s national
heiadqummz THE CONSTITUTION
Statement og) Prinriiples ami Piizrfnoies
A . ` a L' rty eague-- ts at orm -
Aiimlliijaiysisloti the President’s Budget Message    
Ecémomic Security `
In at`o
The Tlgrty Hour Week    
The Pending Banking Bill
The Holding Company Bill
1i—E°°LC°t“"“ii1 B u
' o e t`on i
Exiiensiton rof th8e1NRA * * *
The Farmers’ Home Bill
The TVA Amendments
The New Deal, Its Unsound Theories and Irre- V
concilable Policies--Speech by Ralph M. Shaw S each of
How to Meet the Issue—Speech by William P
E. Borah
"H11e(§upreIm¢;:;tC0§;1rttz=i.1ndIi:heglevg Dgalp N il BORDEN BURR
en eero eres1en—y r. e · ·
Cargthem of Birmmgham, Ala.
'rgile lgeviafd AA'? Amendments
e resi ent’s ax rogram M · ·
The American Bar———The Trustee of American · amber of the Nat1OnalAdv1SOrY
Institutions—Speech by Albert c. Ritchie G¤¤¤¤11 <>f the
TwolAmazing Years—Speech by Nicholas Roose— American Liberty League
ve t
Fagi%a;7I:a§(;;c;1a}i?(r;1/din the New Deal———Speech by Before the Kiwailia Ciuh
Thge Pheople’s Money—Speech by Dr. Walter E. at Columbus, MISSISSIPPI
pa r
The Principles of Constitutional Democracy and S t b
the New Deal-——Speech by R. E. Desvernine °P °m °r’ I9’ 1935
Wiijich Road to Take?—Speech by J. Howard
ew
The Blessings of Stability—Speech by James W.
Wadsworth
Legislation—By Coercion or Constitution-
RSpeech by) Joiéett Shouge h b D N I EMC
ecovery y tatute— peec y . ' y
Carothers T ez YJ  4’i»
Expanding Bureaucracy ` ‘
The Imperilment of Democracy—Speech by C   W
Fitzgerald Hall. .  C?
Lawmaking by Executive Order *9;}, ev
The Test of Citizenship--Speech by Dean Carl L
W. Ackerman
Today’s Lessons for Tomorrow-—Speech by Cap-
tain William H. Stayton •
New Deal Laws in Federal Courts
Pota.to Control
"Breathing Spells"-—Speech by Jouett Shouse
The National Labor Relations Act——Summary
of Conclusions from report of the National AMERICAN LIBERTY LEAGUE
Lawyers Committee _ LH d
Consumers_ and the AAA Natlona ea q“‘"`te"'$
ggaig lyhlihtgeii _ th P t C _ _ NATIONAL Bnnss BUILDING
e u y o e awyer In e resen risis-
· Speech by James M. Beck WASHINGTON> D· C·
AMERICAN LIBERTY LEAGUE
NATIONAL Pness BUILDING » ir ir
WASHINGTON, D. C.
U Document No. 70.
October, 1935

 i The Constitution and the Supreme
i Court
i ik
{ A Birmingham newspaper honored me by stat-
J ing that the Kiwanians had selected me as "a
teacher" of the Constitution.
There is sufficient merit in the subject matter
to justify even a poor teacher in making the
{ effort to give instruction. There is sufficient
j merit in the suggestion to justify not only Ki-
l wanians but the American people in "going to
school" on this important subject.
I Most of us know too little of this great docu-
ment.
Its greatness is demonstrated by the fact that
living under its ever-present protection has given
f us such a feeling of security that we have failed
to realize the necessity of keeping our memories
fresh, and of seeing that our children are prop-
f erly educated, concerning its imperishable prin-
l ciples.
~ ` Like the ancient Greeks, we have regarded it
` ‘ . as the "Oracle," but unlike them, we have failed
l to seek its guidance and inspiration.
{ The Schechter Decision V
However, the recent decision of the Supreme
Court of the United States holding the National
Recovery Act illegal because violative of the
` Constitution brought the Constitution and the
( Supreme Court to the attention of everyone. This
j decision has had, and will continue to have, a
l tremendous effect upon the thought and action of
  the people of this country and their future
` welfare.
I It was received in various moods and tempers.
l Some, probably a majority of the people, sin-
; cerely and conscientiously believing that the Re-
f covery Act and similar New Deal legislation
; had proven beneficial to the country, that the ex-
  2
l
1

 l
isting emergency justified the experiment, and t There are many others——and the time has
that the end sought justified the means used, re- come when their views should become m1l1tantly
ceived this decision with unrest and alarm. audible—who, realizing that in Nazi Germany,
Some, consisting for the most part of those Fascist Italy, Soviet Russia and under the dicta-
who, dreaming dreams and seeing visions, had torships of other countries, there is no appeal
been the framers or the political godfathers of against centralized authority, are unwilling to
this and similar legislation, were bitter in their barter their rights under the American Consti-
attacks on the Court and extravagant in their _ tution for that kind of pottage, and who, believ-
demands for new legislation, or an amended Con- ing in the Constitution and in government under
stitution. Some of these boldly accused the Su- it, are convinced that the Supreme Court in this
preme Court of "usurpation," "tyranny," and unanimous decision, with judicial wisdom, cour-
the assumption of "dictatorial power",1 one age and patriotism followed the Constitution and
Democratic Congressman promptly introduced a thereby indicated the dangers of these legisla-
resolution to deprive the Supreme Court of its tive journeys through unconstitutional bypaths
power to declare congressional acts illegal be- and detours, even though they be taken in the
cause unconstitutional; another one presented the name of emergency or humanitarianism, and even
plan of limiting the terms of Federal judges and though they be planned and executed by warm-
turning them out if their decisions proved un- l hearted reformers and acclaimed by honest and
popular; a Senator proposed the requirement of sincere men and women who fail to properly
a two—thirds vote of the Court before an Act of distinguish between schemes on paper and facts
Congress could be stricken down. i presented by living realities.
General Hugh S. Johnson syndicated his views l . .
that the "nine old men in their black night- _ 1 Attacks On the Conetiiiutlote
gowns" had wrongfully interpreted the Consti— The attacks UPON the emtlelem directed
tution   against, and the campaign to abrogate or restrict
l-- j the power of the Supreme Court are, when an-
1 The following extracts from the Congressional Record { I alyZed’ not directed at the Court, but at the Cen-
are fair illustrations: . . . . .
“1\ga. TauAxh(1?]em.) o1i’Bu1eyr(1is, Ohio; lg/Ir.Speake1r, stitution. In the light of history, it cannot be
I su mit it is ig time or t e ongress an the peop e · t ii b°t ’] .. I
of the United States to limit the terms of the Federal Smii that the Supreme Cour as at ilgn Y EX
judges, both of the district and the circuit courts and €I`C1S€d a dletatomal POWeI` Over acts O ongress-
of thefUnited Stlates Siilpreme Court.   . Ibcleim this It Wes Sixteen yeers after the adoption of thc
term o every ju ge in t is country oug t to e imite , . . . . .
and when   cease to Serve all the people, and lock Constltutllon before     Bxerclsed Its  
at these qucestions lonlrlr with their coild leigagstic minds, ‘ to strike dewri an est gf Congress because un-
never consi ering t e umanitarian si e o t . question, . . . ·
` it is time for them to step out or be kicked gut by the { eenetltutlenab and Smce the formatmn Of the
PQQFLQ Qf {tis ¢ I . { New Deal legislation.
4   5

 Surely those making these attacks cannot clas- i But remember that those who assail the Court
sify the present personnel of the Supreme Court and its decision have been forced to expose as
as being reactionary or conservative. It has i the real object of their attack the Constitution,
been but a few months since they were acclaim- l because it must, be admitted that only through
ing the Court as being socially inclined and lib- its amendment can they peaceably accomplish
eral minded. Consideringthe "New Deal" as de- their purposes.
fined by its sponsors as being a movement, a con- Certainly in the face of vicious attacks upon
cept of government emphasizing the obligation the Supreme Court and insistent demands that
of the Government to aid the unfortunate and to { its supervisory power over the laws of Congress
V protect suffering humanity, the Supreme Court be limited or entirely destroyed, that we abandon
has been more favorable to the New Deal than _, our form of government by amending the Con-
otherwise. This attitude was indicated by its stitution so as to institute a completely central-
decisions in the Minnesota mortgage moratorium ized government, and in the face of the prob-
case; in the New York milk case; in the case , ability that these are the issue·s upon which the
sustaining an emergency statute of Maryland   next national political campaign will be fought,
changing and restricting the rights of mortgagees ’ it is time for the people of this country to con-
with respect to foreclosures; in its decision abro- I sider, not controversially, but coolly, deliber-
eating gcld clauaca in m0¤€Y obligations in itS , ately, intelligently and fearlessly, these ques-
application to private bonds; in its decision af- { tions, the most momentous ones since the
firming the constitutionality of legislation for , Declaration of Independence.
the reorganization of railroads. These and other , Our inquiry Should be, what is the Constitu-
decisions of our present Court were all widely   tion gf the United States? What has it meant
acclaimcd by Suppcrccra of the Administration   to this country and civilization? Has it served
as constituting blanket endorsement of New ~ us well in the past? Will it prove useful in the
Deal policies. Can any intelligent man doubt   future? Should it be discarded or stripped by
the liberal, socially inclined and humanitarian   amendments of its fundamental principles?
views of Hughes, of Brandeis, of Stone, of Car- . , ,
dozo, of Roberts? And yet when these five ad-   Hlstorlcal Sufivcy
mitted liberals joined with Van Devanter, Mc- E This Constitution of ours 1S the oldest form
Reynolds, Sutherland and Butler, the so—called of written government in the world. It was
conservatives, in declining to abolish by judicial I framed by the most remarkable gathering of
decree the Constitution of the United States; in men that ever assembled. In that great conven-
refusing to emasculate on the ground of emer-   tion the master minds of their generation, or of
gency or for the sake of expediency its two funda— . any other generation, were present: Washing-
mental principles; in re-affirming the doctrines   ton and Franklin, Hamilton and Madison, King
that the Federal Government can exercise only l and Mason, Elsworth and Rutledgeéthe Pgnlck-
those powers granted by the Constitution; in I neys and Morrises, Randolph and erry, er-
protecting the States reserved rights against en- J man and Martin, Patterson and Dickinson,
_ croachment by the Federal Government; and in   Johnson and Wilson, Blair and Butlir, Baldrvgin,
maintaining our form of Government based on Q Blount, Bedford, Livingston and ot ers. ey
the fundamental doctrines of separation of powers , came together not as governmental theorists but
and dual sovereignty, the Court becomes (and T as men of the deepest learning and experienceé
mind you not by the rabble but by those high in 2 They had a full sense of the po itica wants o_
power) reactionary and dangerous, and the de- i the era and of the various remedies proposed.
struction or restriction of its powers is demanded They were impressed with the necessity of en-
5 7

 l
logging tho Sgant, and loogg powgyg of the {13,-   3.Ild €IlCll1I`lI1g IIOFIII of gOV€I`1'lID€HlC   the II11I1(l
tional government, but had an abiding realiza- l of man hee eVel` eelleelveel _
tion of the essential need of securing the liberty   AS Senate? Bcrall ee Well Yeeelllly eeldi
of the people of the States by retaining inviolate l ..Tli€ Constitution Ol Italy is the fertile md mst.
the Pflmlples 0f S’¤¤l¤S’ rights and local self- iooo brain of Mussolini; the Constitution or Germany
goVornmont_ Their   and dovotion to God, l is the dalllhgi and I‘€S0l1l‘Gef11l 0l1i8.1‘3.ClZ€l' of Hllllt-I1'?
· · the Constitution of Russia is the 1ron w1ll of Stalin,
eOlmlllly’ heme and llbelll’y’ were 0l‘lllSlle'lldlllg' l the Constitution of the United States is the will and
In the midst of the discussion of a controver- { purpose of the Amqgiczn people, oryietallizeli intlois;
ell S“l’l°"l’ eellemll Fllllklm Sell . ZiEiQ°£°Tl.l°§“i’ElZ“§gwL% iii $$2.2 Q`? human freledblm
"I have lived, Sir, a long time, and the longer I and the advancement and enlargement of human
  tge dmore convincictilg ggigiof I tee of thiixjlicti [ }g?pg;ie;sOlelsi has no other document in the history
a o governs in e airs o men. 1 l .
a sparrow can not fall to the ground wthout his 1
’33l’°£iJZ$i?l”°$?$’lin'Zl`?“lnZZnlZlsilfoillnielnwlltlo l The Ammem Methed
?lg$l1;;et}?g;li;li,€,i. ilgu;;linE;§gplgu§?j€itlloidflrllmllldbee Our forefathers were suspicious of govern-
lieve this; and I also believe that without His con- l ment. They devised every safeguard they could
` llllellllg el‘l’ We Shell Succeed lll lllls lmllllcal b“ll‘l' think of to keep government from ever extend-
me no bm than the bums of B&'°"l·" no ns power beyond no non they nnnen nn
These were men who had fought, sacrificed l it. They erected barriers in the Constitution to
and suffered for the principles of government plevelll gevemmenl llem ever plellmg  lle.de.ed-
which they were seeking to establish and to per- elllllg llllllll el b“"°““°“l·°Y llpell the l“l;l“ll"?*
petuate in a written constitution. They were the r elll0elp_lll_ee>nene[lli§gy elvgieegéigiliggilsietil;;tlgsV;l;l
men who had given leadership to a compara-   Ve e el lze ‘ _ `
tively small company of patriots who having as i lllellll melee never be Pemllllled le llellome el mell-
their chief weapons their minds, souls and bodies eee le elle llelleell elllzell eelldllellllg ent llOI§S;li
and their sublime devotion to God, country and llllellleee lll an llelleel Welle And they `Ollll 6
home, had dared the arbitrament of arms with elle llelllell en lllle l°lll“· ll Weee good plan` ll
the greatest and most powerful nation Ol- the has served us well. It has obtained most won-
Worldl and who had iiillicted upon Oui, Ailgl0_ l derful results. It has been the beacon light of
Saxon forefathers the only ultimate defeat that l elvlllzelllell ml ellly Ol lllle C0lmllly’ but Ol the
great country has ever sustained. These were the l Welllel _ .
men Who, aided by an unparalleled Strength Oi With only six per cent of the land area m the
intellect, guided by the lessons of experience and World end ellly Seven per cellll Ol ,lllle World S
sustained by a living faith and dependence upon l llelllllelllele llle llllllell States has llllllyelwo per
the Almighty, were able out Oi the impOV€i,iSh_ i cent of the world s railroads, fifty-eight per icent
ment Oi al costly Victory to formulate Oui. com l of its telephoneland telegraph facilities, thirty- .
stitution and lay the foundation of the greatest l Slx pelj eenl el lle d€Vel°Ped Welel pollen Sev-
country and the greatest civilization the world I elllY'Sll; Pell llielll   llillillgegélllgigllgegglglllggggllgljg l
has ever known. per Cell O l S le le _ ,’ U
It is no wonder that success crowned the efforts more lllell l°llly'lelll` llell eelll el lle ladle le` ·
Of Such men and enabled them after emerging ceivmg sets. In the United, States are produced
victorious from the war, to construct a govern- Slxly per cent ef elle World S ell’ lellly`elglll per ·
ment which has stood for a hundred and forty- eellll Ol the eellpele llll’Y'lllllee per eelll of llleplg
eight years as the most intelligent, liberty-loving _ ll"m¤ lOrlY'SeVen per Cent el lhe eleel’ lllly`elglll
8 9

 per cent of the corn, and until recently, sixty per At the beginning ef 1932 there were abent 34
eeet si the eeeeedz V million ordinary life insurance policies in force,
O¤mpar¤d with any OOnntI`Y in the World, we for a face amount of over 90 billion dollars, and
have twlee the number Of nOYne Owners Pe? tnOn· 88 million industrial policies for a faee amount
sand population; we consume four times as much I gf ever 18 billion deiiara
eleOtI`iOltY» and We have SeVen tnn€S dS many   In 1930 the number of owned homes was over
eutsmvbiies Pe? thvusend Of POPn1¤·ti0n· With 14 million, or close to 50 per cent of all the
On1Y SeVen Per cent of the WOI`1d’S POPnl9»ti0Y1 the homes. Of the owned homes, exclusive of farm
people of this OOnntI`Y have achieved 3 Standard homes, almost five million were valued in excess
of living so much higher than other countries 1 ef $5,999 eae}i_ Qf the rented nen-t‘arrn hernee,
that we consume half of the world’s coffee, half A 2,192,999 Were rented at rnere than $59 per
sf the Ynbben half vf its eOPP€I‘, 0n€·t0n1`tn of month. In 1930 the average net value per farm,
its sugar, three-fourths of its silk, one-third of after deducting all indebtedneee, was $7,599_
its OOel» and tWO‘tnn`dS Of its PetI`O1€nm· And of all farms three and a half million were
The possession and enjoyment of these mate- actually operated by the owners. i
rial things, however, is not the only measure of
success of the American method and the Ameri- The Workers, Share `
can idea of government. In 1933, a depression The workers’ share in the national income A
year, there was spent in the United States more moved from 38 per cent in 1850 to 65 per cent J
than three billion dollars for education, which in 1929. In 1931 and 1932, it equalled 75 per 1
was more than the amount expended for educa- cent to 80 per cent of the income actually pro-
tion by all of the other countries of the world. duced and was even more in the case of manu- i
For the school year 1932-1933, thirty million facturing and related industries, which paid the o
children were enrolled in public and private workers out of capital or borrowings two and a  
schools in the United States out of thirty-two half billion dollars in excess of the total receipts .
million children of school age. Our country has of these businesses. .
more than seven billion dollars invested in pub- From 1880 to 1929, the increase in the share t
lic and private schools and nearly four billion of the national income paid to employees was i
dollars invested in colleges and universities. It greater than the increase of employees, both in .
has nearly four billion dollars invested in numbers and as a percentage of population.
churches. l In the past 90 years, business has absorbed
In 1932 there were more than 44 million sav- 43 millions of our population in productive em-
ings deposits in banks in various parts of the ployment, increased the number of employed in
United States, almost all by different individuals, the manufacturing industry nearly 17 times, re- 1
with aggregate deposits exceeding 24 billion duced the average hours of weekly work from
dollars. 66 to 48 and increased the purchasing power of
There were 1,545,000 postal savings deposits, each hour of work in terms of commodities more
with total deposits of $1,185,000,000. In the than four and one-half times.
same year there were ten million members of More than a million children were taken out ,
building and loan associations with assets ap- of employment during the twenty-year period
proximating eight billion dollars. that preceded the "New Deal." This was not
——-———-- an achievement of government, of social work-
.,5£.‘;“;t.;*‘?.:°z?..25$?r;.;";&‘;%t“:.?.i¥i?a tz; isfgézz   of S¤·*ny·m?¤d€d exp ¤¤€¤ ts Gt new rm-
first time been reduced to where it was less than fifty trmes and new Phdeeephlee It Wee an aehleve"
Der cent- 0f the W<>P1d’S <=¤tt¤¤ Df¤d¤¢ti¤¤- ment of business, the American system of busi-
IO 11

 l
ness, which decreased child labor in the only sure at Vibrant liberty loving democracy that for n
and lasting W&y—nOt by  ed€S’ not by gOV€m` period of bne hundred forty-eight years, in peace A
glliggl €d1CtS’ but by mlsmg the Standard Of and in war, in famine and in plenty, only nine
And the American system of business did even amendments have been added to lt.
more for these children which it had saved from l Protect Fundementnls
child labor. It gave them an education. It paid 4 _ _ r
the taxes which supported the schools and col-   The feet that Ohh Cehehhhheh hee Bedursd
leges in which these children were obtaining edu-   end eehhed Se Well ever Such e' lehg hemed sf
cation- During the tvventv years before the   time, with so few amendments is conclus1ve evi-
NRA Wes eonoeivedl the nnrnher oi ohildren who l dence of its greatness, and an eircellentr reason. as
Were able to remain in school until they had i to Why We Shfmld P1‘00eed eeutleuely mrmakmg
completed high school and college courses was further ehehgee and ehehld never permit e de"
steadily and renidlv increasing. parture from its fundamental principles. l
In the entire World, the American vvorkrnen We have no. quarrel w1th.those who 1ns1st that
and his children have the highest standard of the CehShthheh_ le heh hke the laws eh the A
living, end the greatest onnortnnitv for ednee_ Medes and Pers1ans——unchangeable-; that it is
tion and edveneernenh They are the envy of not an Ark of the Covenant; that it IS. not sacro-
the Workers in every other cOun—l·lry·8 l san‘ct. We agree that its amendment 1S not only T
Above and beyond all of this is the fact that heeeeeerh but Wee phelhded fer by the fehhdehsi
this unparalleled progress can be chiefly ascribed that es thhe and eehdlhehs ehe*hge> ee must the
to the successful operation of our form of gov- T Chhshlhhhh Change Se lehg as he fehh ef gel"
ernment, by which freedom of the individual— has ehhhehh IS heh _deShieYed_· The ejmehehhehhs he'
been inninteined end tvrenny either of diotntor_ lating to taxation, intoxicating liquors, election
ship or of a ruthless majority has been prevented. by pephhh Yehee ef Seheherer eehlermhg hpeh
This Constitution, this palladium of liberty, Wemeh the mght sf ehhimgev ehhhglhgi terms ef
this doeninent deserihed by Gledstonel the oflicerof the President and Vice President and
greatest ot English stetesinen, as uthe most} the time of convening of Congress were for the l
wonderful work ever struck oii" at a given time by hhhheee ef meelhhg ehehgmg hmee and eehdh .
the brain end nnrnoee oi rnenln is neither ver_ l tions. None of them affected, or sought to affect,
bose nor unintelligible. It is as compact as l the fungiagnentals of the f01‘m of government.
dynamite with its explosives against tyranny Of Shhheh nature IS the hew pehehhg but
end onnression It is as strong as Gibrelter in l shelved proposal to amend the Const1tut1on so
its preservation of liberty. It stands alone as as hehrevehh the leehe ef he*X'eXemph_hehdS and
the nronoser end prover of the blessings oi the i securities. The failure to submit this proposed
duel form of government. its leneneee is as l amendment IS evidently duelto the fact that gov-
simple and clear as the recorded words of Christ. l ehhmehhh hehde ehd Seehhhhee hecessary he be '
Its first seven articles and the twelve almost eeld he eehhhhe hheeehh &hh°’m‘h expehehhhhee
contemporaneously added by amendment, are as Wehld have dhhehhy lh hhdlhg e market if the
brief es the Ten Cornnnendrnents, but they so tax exemption teatures were by constitutional
well embraced the true theories and practices of hmehhhhehh hh`h1ddeh· T
_______ It is estimated that the amount of partially
8The statistics given above and the method of their and Wholly tax-exempt »bOI1ClS is rapidly ap-
§Ei?$§$é'.i€t§ i£Z°H}3Ze“pl“sh”}eiE$i“ighi i`S°iiiE Xillfii P’Q**·°hmg the ¤·hm¥*¤g tm} °f $5°·°°°»°°°»°°°-
ofthe University of Georgia. This represents property entirely free from taxa-
12 tion, property guaranteed principal and interest
13

 ' l E
-»
l
  `
by the Government and contributing nothing to   Basic Plan of Govcrnmcnt
thgzup :;;:1;;; t§;?(;_;i;;m§;; in increasingly It was therefore not in the statement and re-
, , _ _   ' t' fth d`ttd "1 fl`bt
large amounts idle cap1tal of the rich is seekmg i ggaigoréhz {0;;;,; $1,;.. g;;c1§{€;o2¢ornni;n}t
;;13€S;;;;u;§§ ;§ut2;n$?;l?;p£gO§é agfigggizti   that the writers of the Constitution earned their
challenge anyone to and since the nnglnntinn of l reward °.f “ d°S°"’°d lmm°"“‘h“" It .°"“? b°
th G t H th 4 t t, h J safely said that the two fundamental principles
nin, iZ§i‘;$“e‘i.“be`;‘2. Emi ELi?T“...3‘“§’.Zii§§§ | of the Pm of government constructed We
. . l first, the division of powers, in the maintenance
EHOIE to agmuiiihthe ?(;;St;tut1(;n SS as ti iestlioy i of liberty, between the legislative, executive and
Oi ii rogiiehel Br st t 8 dwg fun giien a fplgg   judicial departments of government, and, second,
glp ES ;V_t;° G °°”S "“ i "*` °““ “ mn ° Q i ns dual rnnn by which the ngnts of me redenni
(HX]; 1] t Ov€,;n;,n€1;' t 1 _ , I _? Government and those of the several States re- 1
Rn W a lim   unlfamenla pmncéptis spectively were held in nicest equipoise and the o
tide; zlgggg Sgrlsoximaggrgnigsis agmengrsfesfl reserved rights of the State over its local affairs e
. . . , , d d' ' f ll d. B th '
defining the sacred rights of liberty, providing igm Cgiczifgsagigitcgggxagzgmgsirve O
for the free exercise of religious beliefs, for free- Let it be remembered that the recent Na_
30m of Sgfch and  GSS}; fi; the ’1§ih‘;]°f People tional Recovery Act decision related solely to the
azdasgmge Zegiigcgl £€i:p;;1;n:nanda;sO;’;II_1?; consideration of these two fundamental prin-
. . . ' l f · th t ` d' h'
against unreasonable searches and seizures, its ggeest Oorgsr1_i;§_;_I;mt(§i’S€p:ra£?On lgf Igjwgi
protection against cruel and unusual punishments by delaying ,_tvh€ right Of the legislative doparo
and its assurance of the right of bail and of trial , mem Of the govommgnv to confer upon the €X_
gg (§:£7i;i:;Fi`;1;gig};g;;1?I;1;;(;;;:u;;ZV§;i)’§`s;? ecutive department duties and obligations which
. . . by the Constitution had been clearly and defi-
§Zi.EZi?§t;E§’$i22g..Th;`f’§ .i2§i“;§‘;‘ii.Z‘;§ lifiniii   may imposed mm the mlm depmmm
l . . ' i . S and reassert and defend the principle of the i
EHOYISIOQIS ?;1€’ xd asbdear as they are to mflfby Constitution that Congress must under the Con-
Igggilgimgirtsgnt igatuicso Irlgiigg I;°;)(§€i§;‘c 1; stitution enact the laws of the country, the ex-
. OH] 5 . . .
, _ , ecutive department must administer them, and
gugh if f°r°§ath°g§H§hr§ugh blzter §XP°m°n°€S the judiciary must construe them; and, second,
.X Om 1c’ and no 1 cl} y vias lounthm agree; reassert the never disputed principle that the
mgd ulpcin mg, ,G}ipmSS;1g C Gar yoch B? gligal ` Federal Government acquired under the Consti-
ugl Gr y ng p £1;1p_°S' Owiivml Jil t 5; a p _a'n tution only such powers as were expressly granted
O. §0VGI§lHi°D preserve an pm tl 0 if inn` by it and the respective States expressly re-
gm GS} {ISH. HTR proiguhnccmsn Wm; t ev; tained their rights of self-government of and
Ogefhcuqiei g;I;n;_;`;§;8nt;`:it;§§t&a; aasgigd control over their internal and local affairs.
. Let it not be forgotten that the complainers
Eizndgirflivgard for the Elect and ¤¤m¤hm¤¤* fer and critics of this decision and those who pro-
- ‘The Constitution became effective March 4, 1789. ih th?.°i1 case decisim rendered a Shes tim? b°f°r°
The Brest ten omoodmoots wom proposed by Congress this decision the _Supreme Court for the first time de-
September 25,   and became ogootivo December 15. Cl3.I`Ed l1DC011SlGll3l.1t»1OI1§.l_ 311 @(315 of Congress b608»llS€ It lm-
1791_ properly delegated legislative matters to the Executive.
` 14 15
j 3;

 i
pose to meet it by amending the Constitution, l tifllifttlt would violate the principle ef_the Sep"
must take and maintain the position that our . alfutieu of powere·" Elhricglse Gerry; ehlieted to
government must be changed in its two greatest , the proposal because its a option wou tmean
fundamentals, namely, States’ rights must be   involving the judges in decisions on policy of
abrogated and Federal centralized control must   puhhe rnenenree ratlréer than eh tier; eehet1tu'
be enthroned and that any department of our l ti0¤9»htY-” Rnfue mg expreeee t_e eprhreh
government must be given the right to trespass t that the ludleiary eught het to ect Wrth the ex'
upon the constitutionally deuned domain of any l ecntive ulh hegathfe of a law heeauee the Judges
other department, the executive upon the legisla- l Wlh have the expeuhdlhg of theee_ laws when
tive, the legislative upon the executive, and both,   they come before them; and that will no doubt
if need be, upon the judicial. In fact, in their l St0P thé 0p€}'iiti_0¤ or ench ae appear repughaht
disappointment over this decision of the Su- j to the C0hStrtutreh·”
preme Court, some go so far as to deny the Among other members of the Convention who .
authorty of the Court to set aside as unconsti- expressed positive opinions on the necessity and
tutional an Act of Congress. the right of the Supreme Court to consider the
` _ _ - , constitutionality of Congressional Acts were
Judreral Power · “ Washington and Madison, who became Presi- (
There can be but little controversy in refer- dents? Eleworth aud P9‘tt°rS°u> the bccame
ence to this contention. While the power to de- Judges oithe Supreme Court? Humui°°u> the °°`
clare an Act of Congress unconstitutional was _ author with Madlseu ef the uedemhsts Pupdrsi
not actually exercised by the Supreme Court and other prominent leaders 1n their respective
until its decision in the famous case of Marbury States. AS afoot, only three members or the en-
V_ Madison, rendered Sixteen years after the tire Convention entertained different views. (
adoption of the Constitution, there was never _Ih aedltreh to thre the Cehetrtutleh Itself Pre'
during the Constitutional Convention, nor has vides _ ttxe Judigial pieweroehall eactengfto all
there ever been until recently a seriou sugges- easee lh ew ah erlur Y arrerhg uh er IS eeh'
tien that this power did net exist? Atsthe time etituti_on"_ (Article III, Section 1) anti that "thie
of the framing of the Constitution, the Supreme Ceheltrtultrefr baud tlte laws et the Urélited itateg
Courts o