xt7wwp9t2q46_32 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. 35 "Human Rights and the Constitution" Speech of R.E. Desvernine, May 16, 1935 text No. 35 "Human Rights and the Constitution" Speech of R.E. Desvernine, May 16, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_35/Am_Lib_Lg_35_001/Am_Lib_Lg_35_001.pdf section false xt7wwp9t2q46_32 xt7wwp9t2q46 Pamphlets Available *k ir
IIIIHIII Ig S
* II R` ht
Copies of the following pamphlets and
other League literature may be obtained il  
upon application to the League’s national   9 _
headquarters: · ·
Why, The American Liberty League?  
Statement of Principles and Purposes
American Liberty League——Its Platform
An Analysis of the President’s Budget Message
Analysis of the $4,880,000,000 Emergency Relief
Appropriation Act y
Economic Security-A Study of Proposed
Legislation
The Bonus—An Analysis of Legislative Proposals * * *
Inflation—Possibilities Involved in Existing and
Proposed Legislation
The Thirty Hour Week—Dangers Inherent in
Proposed Legislation
The Pending Banking Bil1—A Proposal to
Subject the Nation’s Monetary Structure to
the Exigencies of Politics SP¢¢¢h of
The Holding Company Bill—An Analysis of
Proposed Legislation ‘ R. E. DESVERNINE,
"What is the Constitution Between Friends?”—- ~
Speech by James M. Beck b N t' 1 Ad ' •
Where Are We G0ing?———Speech by Iames W. Mem fir a Iona usury Council,
W adsworthl A A I f E d American Liberty League, over the
Price Contro —— n na ysis o xperiments an ,
Recommerpdgtions fiorgrthe Future A R I Blue Network of the Nat10na]
Y t rday, 0 ay an omorrow—— eview o ·
(lgabtual Analyses and a discussion of the Leg- Broadcasting Company Thurs-
islative Situation day, May 16, 1935
The Labor Relations Bill—-An Analysis of an
Undesirable Measure
Govemment by Experiment-—Speech by Dr.
Neil Carothers
How Inflation Affects the Average Family— »
Speech by Dr. Ray Bert W esterfield
The AAA Amendments—A Study of Proposals
Illustrating a Trend Toward Fascist Control QE IC4
of Agriculture and other Industries y-   1,
Political Banking—Speech by Dr. Walter E. r?:·;
Spahr *.2 fl! i -4 .
The Bituminous Coal Bill—An Analysis of a  ’*~·i.= wc?
Proposed Step Toward Socialization of In- *64,. gy.
dustry Y \’
Regimenting the Farmers—Speech by Dr. G. W.
Dyer
Extension of the NRA——A Recommendation for
Action to Rescue American Business from a
Quicksand of Bureaucracy and Visionary Ex-
perimentation
AMERICAN LIBERTY LEAGUE
* National Headquarters
NATIONAL PRESS BUILDING
AMERICAN LIBERTY LEAGUE WASHINGTON, D_ C_
NATIONAL PRESS BUILDING
WASHINGTON, D. C. * *
  _ Document No. 35

 Human Rlgl1[S and the COI1StZlIZl1IZi0I1 pository of sovereign power and the govern-
ment must, therefore, justify its exercise of any
* power by the express consent of the people.
The Federal Government was definitely estab-
MANY alarms have reeenilv been aenniled i lished as a government of limited, not general,
against the dangers af the everdnereaslng ex' powers; limited to those specific functions and
pansion of Federal power, and its encroachment E powers expressly enumerated and conferred and
on, if not its complete absorption of, States’ i those indispensable tliereto_
Riglits"‘as thvugh that was the only real danger ` In addition to these basic limitations on all
to be avoided- Strangely, amazinglv little men'   government, the Constitution clearly recognizes
tion has been made ei the greaterv Yese the great' and differentiates between the two separate and
est Peril tv eur leirtli‘right""the tendenev ei the i distinct jurisdictions of the Federal and the
i Federal GeVernment te tresliass uPen¤ and in State Governments. It also subdivides and de-
seme major respects, tv eVen deny, the tree en' i partmentalizes the functions of the Federal
jeYment et inalienalsles human rights- if ths Government in the executive, the legislative and
Federal Government encroaches upon or usurps the judicial powers, so that each may chock
rights or functions exclusively belonging to the and balance and be a restraining influence on
States, only an issue of _`luI°lSdl.ClZlOI]. is I`3.lSBd§ tho otholn Distribution of powor gnlonggt Sov.
tbat is to say, whether the specific act attempted eral governments, and even tho power of eaeh
lielengs properly to the Federal er te the State governmental unit further subdivided and dis-
Government. But, if the Federal Government, tributed amongst departments, seems to have
or as a matter ei iaets if anv State Governments been carefully designed in fear of the concen-
attempts to interfere with inalienable, human tration of power in a highly centralized govern.
rights, reserved speeineallv to the PeePle and ment. But these are all matters of mechanics
not delegated to the Government, then each citi- and procedure designed to safeguard tho Primal
zen is threatened with the less er sPeliatien of and basic objective—the distinctive character-
his eenstitutienal liberty and traditional tree" istic of our political creed—~the preservation of
(10]]], 8Hd l`.lC1C VCYY fO1°]]I and SubSt3.DCC of 0`I.1].' hlnnan rights frog fron] govornnlontal inter.
pclitical sYstem is ehallenged· ference——the protection of the rights of indi-
The Feunding Fathers teuglit and bled for ividuals and minorities against the power of
the Preteetien ei the Divine Rights et Msn numbers. That is why our system is so aptly
against the Divine Right of Kings, and against described as a government of laws, not men.
thc Pessiliilitv ei tvrannv by any government, That is the Faith of our Fathers.
Wl13tCV€I its f01`Il1   IDC.     I].Ot   It   woll bo that this Systoni has boon
for seme teelmieal PrePesitien as te what Par· i made obsolete and inadequate by requirements
ticular term et government sheuld be the eus· ¤ of the new social and economic order and that
tedian and Pui`veY°r ei their vliies lihertY» and l we need a new set of basic principles. If this
Pursuit of liaPPiness·” be so, let us face that problem frankly and fear-
Ours is net sn 0mniP· S lessly, but let us not be deceived by sophistry
The People etent State from which and specious reasoning and gilded promises, into
The Source all human and Pelitieal believing that the "new” methods and formulas
of Power rights are derived as proposed do not involve or imply a fundamental
though such rights were r change in our primal constitutional concepts.
the grant O1' bOu]].ty of the St8t€. OIIIB is not Moglnorizgd   the magic of alphabetical
a totalitarian State possessed of unlimited and sswhito rabbitsy we must at least in a lucid
alieelute PeWer· On the contrary, the PeePle» interval remind ourselves of the A.B.C.’s of our
not the State, are the ultimate source and re- constitutional liberty. a
2 s

 The Declaration of In- ticularly its modern adaptation in Communism,
Rights dependence, which states Socialism, Fascism and Nazism. Those forms
of Diving the fundamental prin- of government assume the absolute dependence
Endgwmgnt ciples on which our gov- of the individual on the state and that all indi-
ernment was founded, vidual rights are derived from and are held at
proclaims it as a self-evident truth that man was the mercy of the state. Our government has
endowed by his Creator with certain inalienable always been recognized by all (at least until the
rights. The Constitution affirms that certain present) as the exact opposite, and the Tenth
rights are reserved to the people, that is to say, Amendment categorically so states-—·—it is a gov-
are recognized to have been in the possession » ernment of limited enumerated powers granted
of the people before the establishment of the by the people who are themselves supreme.
Government. If that is so, and if these rights The mere recital of these constitutional prin-
are of divine endowment—part of the very na-   ciples destroys the contentions of some of the
ture of man and an incident of his creation—it presently popular “constitutionalists” that our
is impossible to contend that they were granted Federal Government has all the unlimited
by, or can be enjoyed only at the will of, any powers and attributes of general sovereignty.
human institution or government. The gov- Their attempt to expand the Constitution to in-
ernment, therefore, cannot restrict or impair clude their many proposals by citing the “gen-
the free enjoyment of these rights except to the eral welfare” clause in the Preamble and in
extent that it can clearly point to some specific Section 8 of Article I, although a homage to
power delegated to it by the people so to do. the Constitution, is sheer nonsense.
I am not theorizing. I am attempting to ex- C The Supreme Court has
pound the fundamental principles of our gov- Suprgnlg dogmatically declared
ernment in accordance with the writings of its C0u1·t’S that the Preamble con-
framers and the decisions of our Courts. Dgc]a]·a|;iguS fers absolutely no grant
These basic human and individual rights ex- of power and that the
isting before and above the power of our gov- phrase “general welfare” in Section 8 of ArticleI
ernment are not abstract and imaginary ideals. is nothing more than a limitation on the taxing
Many of them are concretely enumerated in the power by defining the purpose for which taxes
first ten amendments to the Constitution in can be levied. The attempt to revive these re-
words which are so clear as to require no further jected theories shows a disrespect for and a dis-
explanation. Religious liberty; freedom of regard of established principle and judicial
speech and the press; the right of assembly and precedent to the extent of being a challenge to
petition; the right to bear arms; the sanctity of our constitutional system.
the home free from search and seizure; the right Unquestionably, the Constitution must be
of trial by jury and freedom from excessive adapted to the various crises in human affairs;
fines and cruel punishments; and finally that . but there is a sharp distinction between adapta-
no one shall be “deprived of life, liberty or 4 tion and nulliiication. The Constitution is in-
property, without due process of law.” Pos- 'I deed a living organism, but every living organ-
sessed of these rights, every man is indeed a ism has certain definite physical characteristics
King in his own right; despoiled of them, he is and natural attributes, and these attributes can-
a political slave and the State becomes his not be altered. The only escape from them is
absolute master. to substitute another organism. Is that what is
It is obvious, therefore, that our political meant by the “new order?"
tradition and philosophy is a challenge to, and Great sacrifice and even rash efforts are justi-
the denial of, the totalitarian or authoritarian fied to alleviate existing distress and restore
state of unlimited power, in every form, par- normal well-being. To deny that reform is
4 5

 necessary is to suggest the absurdity that per- 0u1' recent legislation which are absolutely in
fection has been attained. Malpractices and violation of all oi our previous concepts of in-
abugeg must be corrected and the Possibility of   ].lbC1`ty RDC]. COI].SlZltutl.0I]31 I°]lghtS. Fur-
their easy recurrence prohibited. Profiting by therincre» in addition to these direct legislative
experience and Promoting progress in the Social iI1V3Sl0IlS of DUI iIIHliCIl3b1C I°Zlgh.tS, iI]IIuH].CI° able
and eeouornie order must be encouraged. To COH].ID.lSSl.OIIS 1].aVB b€CI]. CI`CatCd   the most
accomplish these worthy objectives by means tanreaehing delegated legislative powers and s
and msthnds within tha Constitution and can. with absolute discretion to interpret, administer
sonant with our traditions is Reform; to ad- anti enteree them by imposing fines and boy-
vanee then]   Ineans and methods   the ji cotts. These   3.1pb.3bCtlCa]. 8g€HCiCS
Constitution is Ranainiiom p are practically laws unto themselves! . Let us
We must not be carried be certain that all these gilded promises and
Emotion away by cmotionalism el noble experiments do not prove too costly!
Versus and a {alss Sense of ` Each day, thank God, our courts are rescuing
Roality charity, and legislate us from these assaults on our human rights.
mere hopes or desires, When the American Lib-
without making absolutely certain that in the HOW to erty League was first an-
methods pursued there is not implicit a subtle “Love thy nounced the newspapers
and concealed departure from fundamental prin- :Neighl)01‘” reported the admonition
ciple and a camouflaged surrender of individual from high administration
rights. It is so easy to glibly talk only of ideal- quarters that the League in its zealous defense
istic and humanitarian purposes and aims and et individual ahd Pt`°Pet`tY rights, should het
thereby conceal the certain consequences of forest the edmmahdiheht th iiheve thy neigh·
our methods. Many advocates of new measures, het`], Cehehisiye reply to this advice can be
l am sorry to say, charm us by poetically de- givehv by recalling to those Who are presently
picting the alluring and often worthy purposes diiieetiiig Out governmental Pclicy and action,
they hope to accomplish, but impatiently re- i that the hestv it het the Only Way to love our
sent as anti-social obstructions any attempt to tieigtitteit is to t`esPeet the dignity of his Person,
analyze whether their program can be de- the seetttity dt his Pi`0Pei`ty» and the sanctity of
veloped consistently with our existing form of his Petsehai iiherty anti treeiicnh all of Which
government. If the people do not demand that are human and inalienable rights, which are
each new proposal be examined from this point his by nature anti guaranteed to him by the
of view to see what, if any, rights each· indi- C°hstitntien·
vidual must surrender in order to carry out The Ahisticah Liberty League eniPhatically
these proposals, then the years of struggle to tleniee that it is necessary to surrender our
set up and develop our particular form of gov- ‘ hh`th'right to meet recognized emergency de-
ernment will have been wasted; and we will mahds at te Pteniete Pregreee anti security- The
find that as a practical matter we have sur- American Liberty League emphatically ailirms
rendered human rights as individuals which our * that our constitutional system and traditions
government has always recognized as existing s must be and will be defended against the infil-
free {mm and hsynnd any gnvsrnmantal inter, tration of alien doctrines and that the sanctity
f€rCncc· of human rights must be protected against in-
ln the zeal of our devotion to the "Forgotten vasion by bureaucratic government. All who sub.
Man," it is unfortunately imperative to recall scribe to these principles are invited to join the
- tha ttliiorgottell Rights of Man_” American Liberty League, which they can do by
In concluding, let me say, that only time pre- simply writing to the American Liberty League,
vents me from enumerating many instances in National Press Building, Washington, D. C.
6 7