xt7wwp9t2q46_19 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. 22 "What Is the Constitution Between Friends?" Speech of James M. Beck, March 27, 1935 text No. 22 "What Is the Constitution Between Friends?" Speech of James M. Beck, March 27, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_22/Am_Lib_Lg_22_001/Am_Lib_Lg_22_001.pdf section false xt7wwp9t2q46_19 xt7wwp9t2q46 Pamphlets Available * * ‘
Co ies of the followin am hlets ma
be dbtained uric; gpgligaticyn to the Gswhat  
L a e’s nationa ea uarters:
°Ag" . . q the Constitution
rritelixggnsllglbpgty League-——Speech by y • 9, 9
The Tenth Commandment ii   Fr 
Why, The American Liberty League`?
Statement of Principles and Purposes
Progress vs. Change———Speech by Iouett
Shouse
Recovery, Relief and the Constitution— * * *
Speech by Jouett Shouse
American Liberty League—Its Platform I
An Analysis of the President’s Budget
Message
N. R. A.-] ts Past, and Recommenda- SP666}1 6f
tions for the Future
Analysis of the $4,880,000,000 Emergency ¤ JAMES M· BECK
Relief Apprepriatieu Aet Former Solicitor General of the United
Econonliiti Sec2urity—A Study of Pro- Sgltes andCMemplerfoiQ1th;£ational
pose Qgts atton visory 0unc° o t e erican
Deinocracghor Bureaucracy °?—S peech by Lib61‘tY L6¤S¤6
ouett ouse
Tl? Bonu;s——An Analysis of Legislative March 27- 1935 I
roposa
The Constitution Still Stands—Speech
by Jouett Shouse
Inflation—Possibilities Involved in Ex- g ·
isting and Proposed Legislation
The Thirty Hour Week——Dangers In- Jeni;
herent in Proposed Legislation v  
The Pending Banking Bill—A Proposal I.   M
to Subject the Nation’s Monetary Tv   0
Structure to the Exigencies of Politics ,; ep,.  `rgvo
The Legislative Situation—Speech by '
Jouett Shouse `
The Holding Company Bill———An Analy-
sis of a Measure Which Would Prob- I
ably Cause Eventual Government .
Ownership and Operation of Utilities ‘
* ~ AMERICAN LIBERTY LEAGUE
Write to NATIONAL PRESS BUILDING
AMERICAN LIBERTY LEAGUE— wAsmNGToN, D. c.
NATIONAL PRESS BUILDING
WASHINGTON, D. C. * *
° 4 V A Document No. 22

 the proud fortune of the Constitution as the
fundamental law of one of the noblest nations
¢6What is the _C0nStituti0n in the annals of history. Throughout all this
_ Centennial Celebration, which lasted a week,
Between Frlcndsip 9 there was but one note, and that of unbounded
optimism. The American people, with remark-
* able unanimity, then believed in their Consti-
4 tution and cherished it as the proudest heritage
THE great objective of the American Liberty j of a great people.
League, an organization of patriotic Americans j _ _ Nearly forty-eight years
kof all parties, creeds, and classes, under whose   Constitution have passed since that
auspices I am privileged to speak tonight, is the f Now Fighting celebration, and the basic
preservation of the constitutional liberties of Fg]- Exigtgngig principles of the Consti-
the American people. It is a gratifying sign tution are today fighting
of the times that more Americans are taking j - for their very existence. It is not merely its
an interest in this subject than at any time since mechanical details that are now called into
the Civil War, but it is less encouraging that question, but the fundamental conception of a
more Americans today question the wisdom federated central government, whose channel of
of the Constitution and are more indifferent to power was strictl defined. Local self- overn-
the unceasing destruction of its basic principles ment of the Stat; and the inalienableg rights
than at any time since the Constitution became of the individual are now challenged by respons-
the supreme law of the land. ible leaders of thought and the chosen repre-
I remember well the Centennial Anniversary sentatives of the people. We have now in fact,
of the Constitution in 1887. Philadelphia, with although not in form, a totalitarian socialistic
its characteristic hospitality, was then the host state, which claims unlimited power. As a great
of the nation. Many thousands gathered in In- Chief Justice once warned us: “It is with gov-
dependence Square, and enthusiastically hailed ernments as with religions, the form often sur-
a century of constitutional development with vives the substance of the faith.” It must be
the joyous io triomphe of a proud and exultant obvious to thoughtful men that constitutional
people. A platform had beenferected in front liberty, which we once regarded as definitely
of the historic tower of Independence Hall, from won, must now again be fought for, if it is to
whose belfry, as from Pharos, the light of an survive. This should surprise no one, for it is
ordered liberty had streamed to the uttermost * everlastingly true that “eternal vigilance is the
corners of the world. The President of the price of liberty.” _
United States delivered a notable address and   A Congressman once asked a great and noble
the formal oration was pronounced by lVIr. Jus- p” President to do something that was plainly pro-
tice Miller of the Supreme Court. The Congress   hibited by the Constitution. Grover Cleveland,
of the United States was represented by numer- A always loyal to the Constitution and mindful
ous distinguished members of both the Senate of his oath of ofiice to defend it, was greatly
and the House. The diplomats of all nations shocked, but the Congressman smilingly said,
were there to attest by their presence the world- “lVIr. President, what is the Constitution be-
wide admiration for the wisdom of the Consti- , tween friends?”
tution, which was then questioned by no This jocose inquiry, although not intended
thoughtful man. A chorus of a thousand voices, ‘ to be philosophical, does suggest the question,
with fitting music, proclaimed the faith of all n which is now so constantly urged, why the
there assembled that ages upon ages would be people of this generation should obey the pro-
2 3

 visions of a Constitution framed in a different neu. even iu its ruins, ie imm0rtai» and the mYs'
age and under different conditions by men all tei'Y ef the SPhinX stiii remeiuee eVen theush the
of whom are dead. It is asked, what duty do dust of successive centuries covers its founda-
. the living owe the dead? They are beyond tiens· .
either our eensure or our r,raise_ We oannot The framers of the Constitution made no pre-
either help or hurt them. They did Ordain and tence either to omniscience or infallibility.
establish a fundamental law, which, as long as They did studY aii existing and Past ferme ef
it was unamended, was to be obeyed as the ,_ severumeute and were iniiueneed hY the eX' .
supreme law of the land by their and succeed-   Perienee ef aii Past eseer eud esPeeiaiiY the
ing generations. They regarded it as the only = struggles for an ordered liberty of their English
term of government which could insure the a fereheere- Fer ueerly teur menths they eeu-
perpetuity oi the Union, that saored Union ' sidered the essentials of an ordered liberty and
which is older than the (]onstitution_ Were embodied their composite conclusions in a Con-
they right or wrong? Were they master huild. stitution which has hitherto not only stood the
ers or only apprentices`? By common consent teet ef experience, hut tttried hy the erdueue
they were as able an assemblage of men as ever greatness ef things d0ne»” has wen the admira· f
met in reoorded history to frame a form of tion of the world as the most successfulyform of
government_ government of which history has any record.
Nevertheless, today many Its great purpose was not alone to hold in nicest
The Cult of. men, in and out of oftiee, equipoise the relative powers of the nation and
Changing unmindfu] gf our heroie the constituent States, but even more to main-
Verities past and indiiferent to tain in the scales of justice and liberty a true
the morrow, olamour. equilibrium between the rights of government
ously ask why the living should now bc subject and the rights of the individual. It did not be-
to the reeueinre of the Constitution. Such men here that the state, whether it wee the federal
must believe that truths are only relative and State er the eenstituent Stetee, was emhipetent
ccuditioucd upon tiuic and circuxnstaucce and 0I`   II]. d€f€I1diI1g thC iIItCgI°ity of thC
that there are, in thc spiritual life of men, no human soul, it became the noblest charter of in-
eternal verities. We can admit that the present diridueliem iu the annals ef mankind- it ie that
generation has far greater knowledge than the inestimable heritage, to the safety of which the
generation which framed the Constitution, but ` Present geueretieu ef Amerieans Seem ee inditt
it does not follow that the passions and caprices e ierent· Tee many Seem Wiiiing te seii their
of the present hour are wiser than the collec- · birthright ter a mass ef Pettage·
tive ex erience of all ast enerations. urel .
the wogld learns sometihinggby many thoiisand   B · · Welt dtd the sage ef
. . . . .   cn] amin the Revolution, old Dr.
years of experience, and it 1S 1n this sense that * F kl- , . _
, rr , , ran In S Franklin, say.
Edmund Burke said that Society 1S a noble ,
compact between the living, the dead, and the Warnlng “Ttt°Y that give up es‘
unborn}, i o sential liberty to obtain
A nation that is indifferent to the tried CX- a little safety deserve neither liberty nor safety.”
perience of the ages can have neither dignity ‘ I The same truth wee uttered hY the greatest Pe'
nor stability. The framers of the Constitution htieel phileeepher ef our rece, Edmund Burke,
may be dead, but no one has ever suggested when he said:
that a Gothic cathedral, like that of Milan or eeeuedtudeee meet be defended by the wiedem
Rheime, ie iess beautiful heeeuee its master _ and fortitude of men. These qualities no Constitu-
builders are dead. The beauty of the Parthe- · tien can sive- They ere the gifts of God, and He
4, 5

 alone knows whether we shall possess such gifts at government of strictly limited powers, and de-
die time when wc Stand in med of *h°m·°° fended the rights of the individual by wise re-
In considering the moral authority of the straints upon the caprices or passions of a fleet-
Constitution, and the duty of the living genera- ing majority. The framers did not believe, even
tion to transmit it unimpaired to posterity, a in their day, when the Union was composed of
distinction must always be made between its only thirteen States along the Atlantic seaboard, u
mechanical details and its basic principles. The that a centralized government with plenary au-
living generation need have less hesitation in , thority to legislate for the undefined objective
readjusting the machinery of the government in i of the ‘°general welfare,” could possibly be per-
the light of experience than in disregarding the i manent. They had not overthrown an arbitrary
fundamental principles which define the rela- King to subject the people to the arbitrary rule
tive power of the State and the individual. of the majority. They desired the maximum
These latter represent a deep and accurate of local self-government and the minimum of a
philosophy of government which is not of the paternalistic central government. If this was
day. It was true in 1787, it is true today, and true in 1787, when the nation consisted of
will be true tomorrow that you cannot have a only thirteen States, it is even more true today "
successful federated government unless the cen- when the nation consists of forty-eight States,
tral government be strictly limited in its powers, spanning a vast continent, between whom there
for the experience of history teaches us that the inevitably must be conflicting economic interest,
attempt of a central government to rule widely ' and even varying human characteristics. The
scattered States and communities sooner or later Fathers believed that even in their day a cen-
falls of its own weight. The complete centrali- tralized government of unlimited power would
zation of power in the Imperial City caused the create such sectional differences and economic
fall of Rome. Its epitaph was well pronounced collisions as would threaten the perpetuity of
by a distinguished historian, as follows: the Union, and in this they were justified by the
“The system of bureaucratic depcrism, eleborated dniierm experieiiee ef iiieiei`Y• iiideed edi` ewii
finally under Diocletian and Constantine, produced Civil War Should be 3 Sufficient warning tv the
a tragedy in the truest sense, such as history has American people as to the real mellaee to the
seid°m_eXi‘ibiiedi _i“ which by an i“€X°*'abl° fate Union of conflicting sectional differences, and if
thiiclelms of fmiclfui omiiiiimemie eniied iii ii iiii` the experience of history teaches anything, these
m1l1at1ng paralys1s of adm1n1strat1on; 1n wh1ch de- ,
teimined eiiert te remedy Social evils only aggm fatal differences are promoted, and not lessened
vated them ` until they became unendurable; in by a centralized geveiiiiuiene
which the best intentions of the central power, were, It is therefore more true
generanon after generauon, mocked and defeated by    6 Hard ’ ’
1rres1st1ble laws of human nature and by hopeless today iiidii when the Ceii'
perfidy and corruption in the servants of govern-   SC1'1001 of stitution Was formulated
m"m·” Expeyignge that the mighty destinies
Demo The csssamaes declined _ of the Am·=ri·>¤¤ P_e°Pie
_CI°a(-VY to give unlimited power cannot be lastmgly controlled from the c1ty of
Practical either to the Centra] G0V_ Washington. At the moment the American peo-
When _ ernment the eenetituem ple do not seem to recognize this, and possibly
Restralncd Sreree ei? even the people they will not until the bitter lesson of experi-
it reasoned that aemscraae iasarsusas were Bucs bmgs the with h¤m<= *0 *h·=¤¤» fm as DL
cnly practicable when subjected te wise i,e_ Franklin said, “Experience is a dear school, but
straints, for it recognized the truth of Edmund iiieiiy Wiii iediiii iii iie eiiieidii
Burke ther the tyranny ef the majority could 4 Some ardent New Dealer will argue that what
be as cruel and unjust as that of an autocrat. d disiiiessed peepie Weiii is feed eiid iiei eeii'
Therefore the Constitution created a federated siiidiieiiei iiieei`ies‘ iiideed d distinguished
6 7

 Senator has said, “the people cannot eat their who have not earned can take from those who
Constitution.” have.
In recent years men high in authority, who One of the greatest students of government of
took a solemn oath to defend the Constitution our time, Sir Henry Maine, in referring to the
without reservation or mental evasion, have unexampled growth of America, said:
eaten away vital portions of the Constitution,
sometimes by supersubtle interpretation and “Au this benciicem pi`°sp°i°iiv i;°P°s°s °ii_ the
, , sacredness of contract and the stab1l1ty of private
sometimes by bald usurpation. It may not trou- Q property; the nm the implement, and the last the
ble their digcstivnsa but tt should trouble their reward of success in the universal competition?
conscience. Undoubtedly the Constitution is `
not a substitute for bread, nor is bread a eub_ t When a Constitution ceases to defend the rights
stitute for the Constitution, for °°Man cannot live er Prepertvs ii eeases te defend iibertY·
by bread alone.” Thoughtful men may well be Wiiiie ii}? serviee is generaiiv given te tiie
eoneernedt not only with clear Violations oi the ` Constitution, it remained for an eminent and
cnnatnnnnna1 limitations 1nn with an abandon- sshsisiiv eshimhis Csiisss Pisissssi is weaken
ment of its basic theories. For example there its inerai antiieriiv hy tiie assertion that tiie H
has been an insistent eitort by men in high niaee framers of the Constitution were rich men who
and low place, including those radio orators who siinPiY seiigiit te Preserve their PrePertY rights-
1111 the naavana wan their anannaana n1aInnn With ihs psiishss si s Bshsdisiihs meek this
that we who love the Constitution are subordi_ distinguished historian searched the records and
Hating human rights tg prgperty 1·ightg_ Indeed found that IIIOBT. of tl1B f1‘alI1C1`S of the C011S‘[i-V
when the formation of the Ameriean Liberty tution were owners of government securities and
in founders failed to take suiiicient account nr   iis sissiii- This shsuhi net hsvs siirprissd Dr-
humtan rights_ If there bc any just distinetion Beard, for these same men had initiated the
between human rights and property rights, the 1`eV01i1ti0I1, a VCIY hazardous enterprise, and de-
Ameriean Liberty League is more eoneerned voted to the cause of independence not merely
with the former than with thctlattcrg but the their lives and sacred honor, but also their for-
distinction is false and invidious. ls nnt the miss- Ths iisiihis is ¤<>i with Prsissssi
right to nronerty a human right? property _ Beard’s premises, but with his conclusions, for
has no rights, hut human beings have a right to ' his unfortunate and mischievous suggestion that
Property, and it is one of the most ancient and the motives of the framers were selfish in char-
saered of all rights_ The cave- dweher iwould • acter was only another illustration that the prof-
have defended with his hfe thc Hint that hc anation of the ideals of the Republic and their
fashioned from a rock for his self-defense, and i great eXPenentS» sometimes eene‘luianY rsfsrrsd
the sanctity of contract and the right to prop- ° te as iidehunktngri Sena heeke and is theretere
erty have ever since been the very essence of iuerattVe·
CiVinZati0n· To Dr. Beard’s suggestion
  the COI]Sti·     the franlers Of the
“Th Sh It tution was brought into M8diSOH’S Constitution were selfish
Ou a being te defend P1’0Pe1’tY Estimate plut0crats——although few
Not Steal}, I'lgll`lZS and tl'1€ S&I1Ctlty of of them by‘any Stretch of
e0ntraet$· It ¤nnP1Y 1`e· the imagination could be called rich (a few were
spscts the great eennnandmenta “Th0i1 shalt !10t land rich)—I oppose the deliberate estimate of
steal." It is the very essence of religion that jotnoo Mgdigen, whe, in his introduction to his
P1‘0Pe1`tY is a Sacred trust, but this m01`a1 Ohh- record of the debates, gave a different estimate
_ gatten does net mean that hY eempntaten those of the framers of the Constitution. He said:
8 1 9

 “But whatever may be the judgment pronounced waited upon him to urge him not to defend the
on the competency of the architects of the Consti· Constitution by force of arms with the warning
tution, or whatever may be the destiny of the edifice that Such defense would cttttstl the rats t
prepared by them, I feel it a duty to express my _ h _ _ _ g _ 0 grow
profound and solemn conviction, derived from my IP t C Streets of Our c1ucS¤ Llncohl rcphcdv If I
intimate opportunity of observing and appreciating hvc to takii thi? oath of 0fH€€, I will SW€81` to
the views of the Convention, collectively and indi- defend the Constitution, and I will do So even
vidually, that there never was an assembly of men, though tho grass does grow in the Streets ve
charged with a great and arduous task, who were
more pure in their motives, or more exclusively or . _ Is the spirit of Washing-
anxiously devoted to the object committed to them.” TIIIIB f01' ton and Lincoln wholly
I venture to believe that James Madison knew Citizens dead`? It is not enough
his great associates better than Dr. Beard. · to Act to Say that it is still ex-
. . . istent, for it may be said
We are l1v1ng 1n stressful . . .
uM ddl A so of the Const1tut1on, as Mark Twain humorously
u C gas and tumultuous days. . ,6
of LOOSE Thc whole world is in said of the weather, that everybody talks about,
Th_ k_ an u roar Posstbl no it but nobody does anything about it.” The
In lng gtttatgt crisis has ycvet weather is beyond human effort. The preser-
 . . . vatinfthC t°tt° ° tbt'1; t
confronted c1v1l1zat1on SIHCC the m1ddle ages. 0 0 C Ons 1   mn IS no ° u 1 mus be
The ttttmt mt ht be Called the “Mudd1c A CS H preserved by collect1ve effort. Those who love
tot tgtvttt was ghtttc Such IOOSC and dan cictis the Constitution must join forces in its defense.
thinkin Matt in and Out Ot Ottice ttm Stiivtn It cannot be done only through any political
g` ’ Z g party. It must be done by a mighty popular im-
by pen and mouth, to tear down 1n a day the ttlttt which ttscs above att It _ th,
. . . . . . . was 1n 1S
1nst1tut1on which It required a century and a 5 tttt that the American Iitbgtt L tt
. e ue com-
half of struggle and sacr1iice to erect. Current ated Ot. tttttottc matt and wcgttttt 0% ai] tt
. . . . . r-
thought 1S l1ke the turb1d waters of the M1ss1s- EES was tgtmcd It. Ou m htattts think gh t
• • • • • • ao
s1pp1-1n the period of a spring freshet, full of °. . .   ° Y .° . .
mudd Swirls and addict movin on t the in the inestimable pr1v1leges of Amer1can citizen-
o - . . . . . .
finite iiccan of an unknown futuri Them never Shlp lmposc any Obhgatmn “P0n Youe then JOIN,
was tt time when the Amttttcatt people had and join at once this patriotic collective effort
,, tdfd t°tt° ll°bt.W°tt
greater need to uphold the sound principles of tgt —;;;tt_t;$• Egggttu Fgzta ucl li?.   lu; 0
. . . . . . a 1ona res
their Const1tut1on. It 1S possible that this gen- Btttldttt Wathtn tony tot gttttttbctth, bl k S
. . . . 1 an .
erat1on will determ1ne for all t1me the fate of .g° . . g . ° . . P F
that Constitution Can it be that the Amttttcatt No financial obl1gat1on 1S enta1led. All that 1S
. ` . . t asked of you is willing service. The American
people will abandon the fa1th of Washington o . . . . . V -
d F kttt t Jeffers tt and Ha ,1t t Q people can still save their Constitution if they
an ran 1 o o m1 on o . . . .
Marshall and Lincoln Ot Cleveland and ’MC Q will only awake from their dream of fancied
Q - I I C I
. . . . . . secu t and nha d . .
Kinley, 1n favor of Wlld, soc1al1st1c schemes that H   J01 . n S m 3 common plirpose
, Let this generation remember the warning of
can only be a menace to the Un1on of the States? H0] Wttt “W.h€t_tt thtttt ts tm . . th
. . . . : v1s1on ‘
Lincoln believed that the Union itself could Coyle cttsh ,, ’ C
not long survive the destruction of the Con- P P P ° A
stitution, and this was the great warning of
Washington in his Farewell Address, the noblest ,
testament ever given by a leader to the people
whom he had led to high achievement. Lincoln
gave his heart’s blood in this belief. On the eve _
of his first inauguration, when a Committee
10 1]