xt7wwp9t2q46_13 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. 16 "The Constitution Still Stands" Speech of Jouett Shouse Delivered under the Auspices of the Young Men's Hebrew Association at St. Louis, Missouri, February 12, 1935 text No. 16 "The Constitution Still Stands" Speech of Jouett Shouse Delivered under the Auspices of the Young Men's Hebrew Association at St. Louis, Missouri, February 12, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_16/Am_Lib_Lg_16_001/Am_Lib_Lg_16_001.pdf section false xt7wwp9t2q46_13 xt7wwp9t2q46 ir ir
» The Constitution
Pamphlets Available   Stan ds
Copies of the following pamphlets may be
obtained upon application to the League’s na-
tional headquarters:
American Liberty League—-Speech by J ouett * * ·k
The Tenth Commandment
Why, The American Liberty League? S h f
Statement of Principles and Purposes Pau O
Progress vs. Change—Speech by Jouett JOUETT SHOUSE
Recovery, Relief and the Constitution- ;;jj;i;1;gj;;;1;;i Ili1l?1;;)E;fe;;J;i.g;11$é
Speech by J ouett Shouse _ _
American Liberty Lagu€.ia Platform   gfrggjygijjsicgr·:;ju;;j;¤¤;E¤j;;gn¤t
An Analysis of the President’s Budget Mes- • ° Februar ° I2 I Y g,
Sage Y s 935
N. R. A.—Its Past, and Recommendations .
for the Future
Analysis of the $4,880,000,000 Emergency L
Relief Appropriation Act
Economic Security—A Study of Proposed
Democracy or Bureaucracy?—Speech by I *
Jouett Shouse
The B0nus—An Analysis of Legislative Pro- I
Write to
National Headquarters .
. * *
24 Document N0. 16

j The Constitution Still Stands
g *
j _ In any attempted appraisal of the processes of
j our government we must bear in mind that all its
l powers come from the people. The Constitution
{ is the expression of the will of the people. It can
I be changed only at their command. Laws en-
"   acted by the Congress must conform to the terms
· of the Constitution. The officials who administer
j those laws, as well as the legislators who make
j them, are answerable to the people. In the con-
  duct both of the Federal government and of a
{ State government, each of which is sovereign in
j its own field, the people are supreme. Without
{ a system of checks and balances based on au-
] thorized laws, popular government might be per-
_ 1 verted into mob rule.
  { We have a constitutional government. By_
| that is meant government according to fixed
i principles instead of by arbitrary power. A con-
stitutional government is peculiar to a democ-
racy. It could not prevail in an autocracy.
Woodrow Wilson defined it as “one whose powers
have been adapted to the interests of the people
{ and to the maintenance of individual liberty/’
In a democracy the source of all sovereignty lies
in the general body of citizens. In an autocracy
the ruler is supreme.
i The United States has the most notable ex-
} ample of a written Constitution. While the
  British have what is broadly understood as a
ll constitutional government, they do not have a
  written Constitution but instead rely upon cus-
'; toms handed down from ancient days, royal
I grants, the Magna Carta, the Habeas Corpus
j Act, the Bill of Rights, trial by jury and the
g common law to furnish their guiding principles.
  Government Agent of People
  The wisdom of those who wrote our Constitu-
l tion has been justified by the experience of the
  years. The chief end of popular government is
§ 3

 the promotion of the interests of individuals. government. The American system is a mixture
The government is the agent of the people in of d€H1001‘aGy and representative government be-
protecting their rights. When the government cause the framers of the Constitution realized
adopts rules Which affect the individual it is ‘ that t}g1€1`€ Wererldgngers 1nh¢t;leErio;Jracy£a[,»;1w;)Er3,;
t` t d b d ` t further his best in- I 1n au ocracy. ey soug o vo1 el o
E§’dLl§ ° Y a   ° and at iid idmd iiidd id diid Individual  
Essential to popular government are freedom the largest possible voice 1n the management of
of religion, freedom of speech and the right to the }l;lat10n.l · d _ d .
engage in political activity without restraint, 14566 DG; agagqon of Ipdepegl ence, pigni tgz;
When a government is autocratic instead of · , mar e · e revo o e peop e 0
democratic, civil or military oflicials, deriving   ’g11};€;H50l0n1es;ga£;sE Elie oplpressronof lplgig
their powers not from the people but from a   r1 is rown. a ime oe co omes
A ruler, are in control. Instead of promotion of the   heeh brought lhte eleee eeeeelhheh through de'
best interests of the people, the primary eoneern t Xlilopmegigts during tihebhundred and fifty Spar?
of an autocratic government is to satisfy the am- i e1r se ernen a · een 1n progress, · o
bitions and build up the power of the ruler or of them had given allegiance to Great Britain, but
the state. In an 3dutzOCI°HiCy the governing pQW€fS €a•Ch·Wa¤S Independent: ·Of the Ol,`ih€I'S_
often conceive it in the interest of the state to < With the Declaration of Independence the
sacrifice the rights of the individual. Thus con- colonies became independent States. Sixteen
trol is exercised in matters affecting religion, ¤}0¤t}€Sllgt€1‘, on Ngveirngeg1§,1177';,(’ghef(?ion-
education, politics and expression of opinion both tlheh 3 0Hg1“€SS a Op e 1‘t1G es 0 on e er-
on the platform and in the press. The lives and etleh ehetperpether Urherr The Revehrtrehery
habits of the people are not their own to direet_ . War YV? 111 P1"0g1‘€Si and Some such mrgzsuigz of
Theoretically a benevolent despotism might 1 eehlem geverhmeh Wee heeeeei-‘hjy· e eh'
furnish the most perfect government, The Amer- y grass of th€thC0;?1`1;€d€rai;;0;1 zas dgivin authorgty
ican people, however, are not willing to surrender te mhhitgel eh di; hh O teh teblerilgh rata;
th- 1-b .0 t tt, ,3 · do ful- ions. aso a epower oesa 1S aposa
Soilih iiii ?'diEi£iiiIiZ`$.’ifliiF§i’E§Lm§§`didTd iid? 3   and io midi Indian   ind, with
the COHECIJIVG judgII]€I]l} of 3, gI‘Ol_lp Of (`jh()SQn rep- the COnS€nt' Of nine Stal-16S, It could ].'].'13,k€ t[‘€3,l',]_€S,
resentatives of the people shall be supreme over herrew eh the lehrt eretht» eerh mehey ehd ieehe
that of any one oflicial. The excesses of present blhs of eredhh rt eehld het levy thxeer herveverr
day dictatorships in European countries have ehd Wee Obhsed to depend hpeh the rererhg er
confirmed the soundness of this viewpoint. fuhds through quotas hselghed te the Sthtee
diIY.§§3F§§“°§;$i§£§diI€"liZ°2lZii§°§i§§r ?§€iE2‘£ = Dieculees unda eeefedmiee
might have chosen either pure democracy or rep-   _ During that early period any sacrifice of the
resentative government. In their view it was   indeplendézncelof the States was vigorously re-
wiser to attempt a system half way between. i siste . o re uctant were some of them to ap-
In a pure democracy the voters would adminis- I prove even the meager authority conferred upon
ter directly the affairs of state, passing upon all   the central government in the Confederation that
questions of policy and selecting and advising l the last of them did not ratify its Articles until
administrative officials. In a representative gov- 1 17 81. With the conclusion Oof peace in 17§3 the
ernment the vote-rs choose their representatives,   States were even more inclmed to go. their Sep-
upon whom rests full responsibility in determina- E aralte ways. There wgs little interest in the cen-
tion of policies. The all-powerful British Par- l tra government. tate Constitutions were
liament forms an example of pure representative   edePted> but there Were grave drthehrtiee which
4 5

 needed to be overcome. The Confederation of one amendments have been a.d;·pt€d'h rage hmst
the States lacked money to pay the Army or to mm gmbmcmg th; Blu Qf   if? S ig; ave
pay interest on the debt accumulated during the bein ficgufed Hzrt teloréguzi (ge t' 6% were
Revolutionary War. The absence of authority to Su mlb B mlm? la G y, Y F] mfgmf Zan were
regulate trade created difficulties. It became   efjej at DIE ;im€’1§1£€1r]_;?t1Hc?;1OHH d€11,?W(;)§;
essential, finally, that definite action must be grigndrmnts the forger Sggnted in 1798 and
taken to strengthen the Union. Accordingly a th 1 tt , im;} d , pd t 1 ,f h t
Constitutional Convention was assembled in B a Bf m ’ »‘Y€""’_ Fslgne ° 9 fm Y W a
M f 1787 in the Ci,0 Of Philadel hm for appeared to be amb1gu1t1es 1n the original docu-
may Ot nsible ur DSG O}; Su lementil and ment. The Thirteenth, Fourteenth and Fifteenth
stsengfhizning th}; Aliticles ofCIdEfederatio§1. 1 Amendments Famed Sumeirely in 1865» 1368
was as esnstsusss has wes adequate 1 g¤d,fjf» ey Ou,} of *>h¢t,§>Wj,j”er· TQ? SIX;
in a remarkable degree to the changing condi- 1 _€€n men mm 1p?"m‘_mg 6 lmpoi mn 0
tions of successive generations, it must not be   l Income mX€S’ Was ratified m 1913’ and   ? Same
Gd that it was the result Of unanimous 1 year the Seventeenth Amendment, providing for
Zlggsgent among the HI,ty_fiV€ men making up A the direct election of United States Senators, be-
the Convention. Its final draft was signed on 1 °a";?b?ff€°'”;"· The, Elghteenth §m€y<%m<·=¤P»
September 17 1787 by thirty-nine members but pm.11 ming t G manu Scwm and Sa 8 O mt9X1`
few even Of {hat nilmber re arded it wml éOm_ catrng l1quors, was ratified in 1919. The Nine-
pletc approval It 1_€pI_€S€nid a Compmmiqe of teenth Amendment, authorizing woman suffrage,
many important views. It set up a double form was m2HFdh.m lgzqjl The Tvgfntlefh Amend`
f overnment in an effort to satisfy the ex- menu a O IS mg} G ame duck SGSSIOH Of COI?
greriists On both Sid€S_th0S€ who Wanted a gress and changing the dates on which the Pres1-
stronger centralized Federal Government and $;;;’Ov§i;C€€ V1;;;S;;§;;;;€§?g §g;I§£_€rS0f0§9(;§ng,IF;;
those who wished the States to maintain their ’ y ’
full powers unimpaired most recent Amendment, the Twenty—first, re-
In comidcmtion Of Igmsem day pmpcqals for pealing the Eighteenth Amendment, was ratified
broadening the activities of the Federal Govern- , December 5’ 1933
ment it should be emphasized that by the express The Bil] Of Rights
terms of the Constitution the Federal Govern- It was to Obtain release from O mission b 3
ment derived its powers from the States, and . . pp  
Such powers as were not conferred upon the F€d_ government in which they had no representation
eral Government remained in the States I that our fathers fought the Revolutionary War.
The necessar ning States ratified the Con- 1 The principle of liberty overshadowed all else in
Stitution by m,§;Summ€I_ 0f1788 Following an   the successive steps which culminated in the
election arranged by the Congress of the old Con-   fomimtlon Of the  mim .G0;€mm€nf' The
federation the new government took office on I`. Vmmus guamn mi O I er Y mf B Coilsmutlon
April 30 3789 It was not until a year later Y are known collectively as the B1ll of Rights.
, . , | . . · •
however, that Rhode Island, last of the thirteen l thglgialgliisoi? g;1g;;;§fjfi;&S 1;,1; H5;} gzltill
States, fell into line with its ratification of the l . . . . h E 1. h .' O . u 1 p
Constitution. had its origin iln the ng 1S Bill of·R1ghts of
So flexible have the provisions of the Constitu- ggggéulgéiaiig Evgrg Euilgidmgg $3;; pmnC,;fL1€t.a'nd
tion proved to be that relatively few amendments ‘ h . . pl . cons I u lims
have been necessary during the nearly hundred adopted by t 6 Omgmai States durmg the pemod
and fm_ty_SiX QMS qince Gem B Walshin mn between the Declaration of Independence and
took Office EIS th}; Hmt `President gh an tweitbh the framing of the Federal Constitution in 1787.

 As originally adopted the Federal Constitution It further asserts that no person shall be subject
contained no bill of rights. It included several to be put in jeopardy twice for the same offense;
clauses protecting persons accused of crime, but that no person shall be compelled in any criminal
there were no guaranties in other cases. This case to be a witness against himself, and that
was a serious defect, and was so regarded. In- private property shall not be taken for public
deed, the omission of a bill of rights was the use without just compensation.
basis of many of the most serious objections to The Sixth Amendment states that in all crimi-
ratification of the Constitution by the States. nal prosecutions the accused shall enjoy the right
Just five months after the new government under A to a speedy and public trial by an impartial jury
Washington had taken oflice the Congress sub- of the State and district wherein the crime shall
mitted to the States the ten amendments mak- é have been committed, that he shall have the right
ing up the Bill of Rights and they were ratified l to be confronted with the witnesses against him,
in 1791. Let us briefly review them. the right of compulsory process for obtaining
The First Amendment provides that Congress tg witnesses in his favor and the right to have the
shall make no laws respecting an establishment assistance of counsel for his defense.
of religion, or prohibiting the free exercise The Seventh Amendment asserts that the right
thereof, or abridging the freedom of speech or of of trial by jury shall be preserved where the
the press, or infringing upon the right of the peo- value in controversy shall exceed twenty dollars `
ple peaceably to assemble and to petition the and that no fact tried by jury shall be otherwise
government for a redress of grievances. re-examined in any court of the United States
The Second Amendment provides that whereas except according to the rules of the common law.
a well regulated militia is necessary to the The Eighth Amendment says that excessive
security of a free state, the right of the people bail shall not be required, or excessive fines im-
to keep and to bear arms shall not be infringed. posed, or cruel or unusual punishments iniiicted.
The Third Amendment holds that no soldier, in The Ninth Amendment specifies that the
time of peace, shall be quartered in any house enumeration in the Constitution of certain rights
without the consent of the owner, nor in time of shall not be construed to deny or to disparage
war save in a manner to be prescribed by law. others retained by the people.
The Fourth Amendment deals with search and The Tenth Amendment proclaims the im-
seizure. It asserts that the right of the people to portant fact that the powers not delegated to the
— be secure in their persons, houses, papers and United States by the Constitution, nor prohibited
effects against unreasonable searches and seizures by it to the States, are reserved to the States
shall not be violated. It stipulates that no war- respectively, or to the people.
rants shall be issued except upon probable cause, These ten amendments, constituting the Bill
supported by oath or aiiirmation, and particu- 9 of Rights, represent essentially the protection of
larly describing the place to be searched and the the citizen from attempted imposition of im-
persons or things to be seized. { proper or unjust powers by government. The
The Fifth Amendment contains highly im- T Constitution has been very properly designated I
portant guaranties relating to arrest for capital   as the living voice of the Declaration of Inde- A
crimes and to deprivation of life, liberty or prop- pendence. The Bill of Rights may be said to A
erty without due process of law. It provides that preserve to the citizen the right to life, liberty
no person shall be held to answer for a capital q and the pursuit of happiness upon which the
offense or an infamous crime of some other Declaration of Independence was based.
nature, unless on indictment of a grand jury, ex- Many have felt impatient with the "due pro-
cept in cases arising in military or naval forces cess" clause of the fifth section of the Bill of
in actual service in time of war or public danger. Rights by reason of the inhibition which it im- ·
8 9

 plies against far-reaching legislation of various of our government to be its dual form. He
kinds. Social and regulatory measures have had pointed out that it represents a double govern-
to run the gamut of the courts because of real or ment, a double allegiance and a double patriot-
possible infringement upon the guaranty against ism. America, he said, is a Commonwealth of
deprivation of life, liberty or property without Commonwealths, a Republic of Republics, and a
due process of law. The founders of our govern- State which, while one, is nevertheless composed
ment were unquestionably wise in providing pro- of other States even more essential to its exist-
tection of our citizenship against excessive ex- ence than it is to theirs.
tension of Federal powers bearing upon life, The dual system of government was a natural
liberty and property, and the American people product of the conditions which prevailed at the
should give careful thought to any suggestion ,_ time of the adoption of the Constitution. The
that their privileges and protection in this regard thirteen colonies had been entirely independent
should be impaired. of each other although with a mutual bond of
. g relationship to a distant overnment. In becom-
Amendments Properly Dlmcult ing members of a Union it was logical that they
The Constitution itself sets out the methods should desire insofar as possible to preserve their
through which it may be amended. Such amend- independence. The framers of the Constitution
ment properly is made diflicult in order that the compromised the divergent sentiment for a strong
people may have the opportunity to consider un- central government and for independent States
hurriedly the necessity of change in their organic by fashioning a masterly combination of the two.
law. If a change in the Constitution becomes Neither the Federal Government nor a State is .
necessary in order to attain desirable objectives vested with complete powers. Each possesses U
for which there is an overwhelming demand, such sovereignty in its own field, and the term "sov- ~
proposal should be submitted in an orderly man- ereigI1ty” implies absolute freedom from control
ner. Those who would justify impatience with by other governments. In matters in which they .
constitutional restraint or would counsel the at- are supreme the States are entirely free from i
tempt to pervert the Constitution through Con- any control by the Federal Government.- ,
gressional interpretation are acting not in the Let it be remembered always that the powers l
interest of the people of this country, but in the exercised by the States have not been delegated Q
interest of some group which would upset the by a higher authority. The thirteen original I
rights of the people contrary to the document States conferred upon the Federal Government .
formulated to insure their protection, their such powers as were necessary to create a strong
liberty and their happiness. Union, which would be effective in dealing with
_ To any student of modern trends it is apparent the larger problems involving relations with each  
that there have been serious invasions of consti-   Other and relations with foreign countries, They
tutional principles in at least two specific fields. reserved to themselves powers which most closely 4
One is encroachment on the rights expressly re- j affected citizens in their daily lives, and the
served to the States and thus the establishment * range of powers remaining in the States was more
of a centralized Federal Government such as was extensive than those vested in the Federal Gov-
never contemplated or desired by the founding ernment.
fathers. The other is the dan erous relin uish- ·
ment of legislative powers tg; the Exeliutive Reserved Powers of States
branch of the government. Let it again be emphasized that the Tenth
The late James Bryce, eminent British his- A Amendment to the Constitution provides that
torian, in his discerning work on "The American "the powers not delegated to the United States ‘
Commonwealth" found the most striking feature by the Constitution, nor prohibited by it to the
10 11

 States, are reserved to the States respectively, or whole and possess only such powers as are dele-
to the people." gated to them by the central government. Here
The field of State legislation as provided under the States possess inherent power. The States
the Constitution embraces all the civil and re- are themselves Republics which are joined to-
ligious rights of citizens. The States have the gether in a larger Republic, and the smaller Re-
responsibility for the education of the people; publics, just as the larger Republic, derive all
they regulate the exercise of the suffrage; they the powers directly or indirectly from the body
control rules affecting marriage and legal rela- of the people.
tions of husband and wife, and parent and child; . . .
they control relations between masters and ser- Tltc Lesson ef Prohlbluon
vants, and principals and agents; all matters ln a taTTitOTy sO Vast ae Ol~lTs, any attempt at
affectingibusiness transactions, including 1aws I a centralized Federal scvernment which Wcnld
with respect to partnerships, debts, credits and   eeek tc cXcTcisc the POWcTs that hclchg ih the I
ineurenee are under their juriedietierr The 1 States would result in an utter breakdown. No
chartering of corporations, both private and 11101*6 Striking instance oneed be cited than the at-
municipal comes under the control ofthe States. tempt at Federal prclnlciticn- Here tlircugli the
The pggggtgign, digtrjbutjgn and use of property, Eigllt€€I1tl1 AII1€I1dII1€Dt of thi? COI1Stii3l1t1011 th€1‘€
and all contract relations are State matters. Was t¤Thcd OVcT te the Federal GOVGTP-mcht thc
While the Congress has recently enacted Federal cli`OTt tc chiOTOc laWs· which dealt spcciiically
laws to supplement State laws in dealing with With the llycs aiid habits cf the pecple- It Was
crime the formulation and administration of lOTcdOOmcd tc iaill1Tc- It came tc TcpTcscht a n
crinninai 1aws-except those affecting crimes travesty. It created diereepect fcr all laws, it i
committed against the United States, on the high induced a rebellicn against all autlicrity and,
seas or against the law of nations—are peculiarly after thirteen years cf ghastly €Xpc1‘1mc11tatiO11,
e funetien ef the Steteg the American people by an overwhelming vote p
I Shall nqt attempt tg be Spgcific in citing the I‘€p€3il€d   pI'OVlSlOI1   lJi'1€iI‘ OWI1 g€Il€I`3·-
frequent instances where tendencies of modern tiOh had Put i1itO the COhstittltiOH and 1‘ctU1‘11€d p
. legislation have attempted to infringe upon, even te the Statcs Tights and pOWcTs Which hcVcT _ ,
» to break down completely, the rights reserved to shcllld have been takch l`TOm them.
the States. Some of them have been based upon UhdcT stTcss cf the cmcT§chcy due tc the dc-
a sincere desire to promote the National welfare, pTssslOh, OUT FcdcTal GOVcT1ilhcht ie DOW ch- p
others have had their origin in at mischievous dis- gaged ih a scTics cf undertakings Which ifldllcc
regard or all constitutional restriction. It is not cericue qneeticne cf statee’ rishte. Many ef these T
infrequent te heer the advocates ef eertein re- matters are now before the courts where decision ,
  fgymg grgug that the yggult Of the   Way   of ti'1€iI' COI1Si)li'iLltlOI131ii'iy II1l1Si'» bc finally d€iZ€1‘—
destroyed the doctrine of states’ rights. With   mined I dc net attempt tc predict the cutccrne.
any such assertion I take definite issue. The I'IOWcVcTi I dc call yOllT attchtich tc a Tcccht i
Civil War did not abrogate the Constitution nor   decieicn cf the Silpfcmc COl1Tt in the Mimlcscta
the division of powers in the Constitution as be- lVIOTtgagc MOTatOT1i1H1 case. There the edict Was
tween the Federal Government and the States. laid dcwn that ET¤cTgc¤cy dcec ¤Ot OTcatc ‘pOWc1‘
The only changes in the Constitution that came but may furnish the occasion for the exercise of
out of the War were the Thirteenth, Fourteenth pOWcT· AlsO I sllggcst if the dual fcrm cf OUT
and Fifteenth Amendmente government is to be preserved, if we are to con-
The United Stetee can not bg cgmpgrgd with tinue under the division of powers which has
e, Republic like Fi·e,nee_ There the Smallgr ed- proved successful in the administration of our
I ministrative units are merely subdivisions of the affaiis ahd ih the pTOtcctiOh cf OUT Tights, Wc
12 13

 must not attempt to confer upon the Federal been withdrawn. On the contrary, inthe tariff
Government powers and responsibilities that by bill passed during Mr. Hoover’s administration
the Constitution were expressly reserved either in 1930, at @116 1¤S1S’¤€110 d0111d11d of the EX€0u'
to the States or to the people. There could be tive, this power was not merely retained but was
no more certain way to destroy the perpetuity , extended. This is an illustration of the historic
of our institutions than to establish now a circumstance that power once assumed by an
strongly centralized Federal Government which Executive is held by him if possible, nor does
in the writing of our Constitution was forbidden. such fact necessarily impute any improper mo-
I take it that it is scarcely necessary to point tive to the Executive himself. i _
out to you that through successive recent years What is the practical resultof conferring addi-
the Congress of the United States has shown _ tional power upon the Executive? Obv1ously,.he
more and more the tendency to abdicate the cannot himself perform all of the man1fold·dut1es
functions for which it was created. There are of administration that are involved. Obviously,
three separate divisions of power in our govern- , he must in turn appoint officials to act for him.
ment——the Legislative, the Executive and the And thus is created a Federal bureaucracy.
Judicial. The Legislative branch is charged with The evils of bureaucracy constitute an old
the duty of making, changing or repealing the story. Throughout the history of democratic
laws. The Executive branch is created to ad- governments it has been a lurking menace. By
minister the laws. The Judicial branch must the term "bureaucracy" is meant government by
interpret and apply the laws in actual situations bureaus. There is implied an excessive multipli-
which arise and see that they are obeyed. cation of power in dsubordinate brginchlesz tAs
enerall understoo , it means o cia in er-
Executive E¤¤r¤¤¤1¤m¢¤¢S ference in the private affairs of individuals and
In order to facilitate the attack upon economic in the conduct of business. The issue of bu-
factors responsible for the depression the Con- reaucracy in a broad sense concerns the extent
gress has conferred very broad authority upon to which government properly may apply 1ts
the Executive during the present Administration. regulatory powers over the life and property of
, However, the tendency did not begin there. For individuals. , _
  years past, to a constantly greater and greater I am not here attempting to attack specific
extent, for this reason or for that, the Congress governmental agencies that have been set up
has been asked to extend the powers of the Ex- temporarily in the hope of combating some of the
ecutive and thereby toilimitits own powers. A evils of the depression. I do, however, call your
notable example is in the authority to tax. - attention to the result. .
In 1922 during the Hardin administration the . ee »»
Fordney—McCumber Tariff ict was passed. In · Maze Of Exccutlvc Law
it, for the first time in the history of our govern- The American Bar Association through its
ment, the power to regulate taxation through Special Committee on Administrative Law makes
adjustment of the tariff was given to the Ex- ' the following statement:
ecutive. In the debate on that measure the upmm March 4, 1933, to Jung 15, 1934, ee needy
Sl?3»13€II1€H0 WELS II18»d€ repeatedly by Senator M0- as can be calculated, the President approved 674
Cumber and other defenders of the measure that Executive Orders, aggregating approximately 1,400
this was merely a temporary expedient made P;§;’;‘> (‘;;";'1};;1h 5;**;*; agidar;(;;2;;t1§¤n(;ni;;°,;€r§;
necessary   the Wlde f1uctuat1QnS, Of Eurqpean §€p8.1`3.l5€ 0I‘d€I`S. TI18 total VOlLlH1B is, COHS€I‘VB.hlV€ly
currencies and that as soon as existing conditions Estimated, greater than the 101,,,1 ef the preeeding
had passed the power should and would be with- feupyeer period from March 1, 1929, to March 4,
I drawn. It is notable, however, that it never has 1933, during which 1,004 orders were approved, most
. 14 15

 of them not having an important legislative charac- the National Recovery Administration immedi-
tm- Nearly Six times as many EX¢<=¤tiV€ O1‘d¢¤‘¤ ' ately became and has continued a vast law-mak-
have been issued during this period ef 15 memhe ing organization. As an inescapable piece of the
iiedilggil ;l;;epilg€;l»»l862-l9O0’_ and 10 per cent Ol picture it must be pointed out that in frequent
instances, perhaps in a large majority, subordi-
_ l do me hella Complelellgules as to llll€_EX€Cll` nate oiiicials, some of them with little experience
llve Orders lssued llllllllg the mmllllllllg _SlX and others with little qualification, not only
months of 1934 but lt can be stated author1ta— Write the laws but also enforce them
lively that the number ls? not less than l80' When the President has approved a code there
What are these Ol1d€l`S° is no appeal. Besides all of the administrative
For the most part they are not llelllullcllclny er - orders and directions from innumerable boards
ummportant docllmenm In many lllslmlces they l interpreting and enforcing provisions of the Act,
ar? damages llevmg the force Ol.lllW' In cer- the NRA has created code authorities which
lam lillses lallllm lo Obey them mvokes Severe . themselves issue rules and regulations having
palm y' th f f l d necessarily affecting the
Fulilllleli i““e‘°’e““g the Extent to Whieh law dalilyohiiesoanclllvleorliflluct of millions of our citi-
makmg by EXe°“l‘Ye dgcme has supplanted nor- zens. Can such procedure be squared with the
mal methods of legislation, the same report de- liberties granted and maintained uudel. provi-
Glllmsl sions of the Constitution?
"To June 16, 1934, the Administrator for Indus- _ ,
trial Recovery has issued 2,998 administrative or- Tl‘1€ EII1€1‘g€I1CY R€l1€f  
ders, approving or modifying codes, providing for . . . . . . ·
exceptions and exemptions therefrom, and covering Slllllklllg as _lS l'lllS llluSl'llal'lOn’ there IS al Ve?
3 multitude of other activities of a legislative na- recent Olle Wl11Cll, to my Hlllld atleast, I`€pI'€S€Yl S
ture. Countless ‘interpretations’ of codes have been the most Hagfallt Etttempt Y€t witnessed to COD"
issued by the NRA and the many <=¤d€ wthoyi- oeuuete power in the Executive. I refer to the
EFS’e€Z¤“"l§§f§“ El3S§$Wf’eE§ l§Z“tZZ°°§§l §’§f$?QlZ1‘22§i Ememmcr Relief APP"‘?p"e‘e°“ Bm i“ the f°§“
Finally, and perhaps most astounding of all, the m Wlllcll It was trgnsmllllled te the  Erlgmss 2,1
NRA has adopted numerous regulations and sets of the President and in the form 1n Wh10 lt passe
regulations which are to be found scattered among the House of RepI`€S€I1t9»t1V€S· A
5,991 press releases issued up to June 22, 1934, and That bil] appmpyjateg $4,880,000,000 of the
the NRA staff itself has not segregated such press mono Of the taxpayers of the United States. It
releases having a legislative effect from those of an y . bl k h k to the President to
informational or news character." merely Wllltes 3 ee C ee
. _ _ expend this money in any way that he may sec
The same Committee estimated that the total it and for any ourpooo that he may desire, With-
“legislative" output from the NRA alone during . out let Or hindrance, as long ee it ie used noo
the pe1‘iOd 0OV€I`(iEl by, its I’€POI`l? WOl:1ld exceed pr0t€.Ct and to promote the g€I1€I'9»l welfare by
10*000 pages of law', The Cemmmee °°m“ providin