xt7wwp9t2q46_37 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. 40 "Is the Constitution For Sale?" Speech by Captain William H. Stayton, May 30, 1935 text No. 40 "Is the Constitution For Sale?" Speech by Captain William H. Stayton, May 30, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_40/Am_Lib_Lg_40_001/Am_Lib_Lg_40_001.pdf section false xt7wwp9t2q46_37 xt7wwp9t2q46 Pamphlets Available * *
_ *_ Is the
Copies of the following pamphlets and
other League literature may be obtained • •
upon application to the League°s national  
headquarters : p
Why, The American Liberty League? x
The Tenth Commandment     ?
Statement of Principles and Purposes
Progress vs. Change—Speech by Iouett Shouse
Recovery, Relief and the Constitution——Speech
by Jouett Shouse I
American Liberty League——Its Platform
An Analysis of the President’s Budget Message
Analysis of the $4,880,000,000 Emergency Relief A
Appropriation Act * * *
Economic Security
The Bonus
Inflation
Democracy or Bureaucracy?—Speech by Iouett
Shouse
The Thirty Hour Week
The Constitution Still Stands-—Speech by Iouett
a?"‘i»“”d· B r- E·11 S"°°°h by
e en mg an mg 1
pgc Hfldirig pomléany pm S CAPT. WILLIAM H. STAYTON
S$,,,uf,g‘S "‘""° "““"°“` "“°h by ]°"°” Secretary of the American Liberty League,
"What is the Constitution Between Friends?”— Over the Ngtwgyk gf the Cglumbia
Speech by James M. Beck B d . S
Where Are We Going?—Speech by Iames W. roa castms ystcmt
Wadsworth
Price Control Thursday, May 30, 1935
Yesterday, Today and Tomorrow
The Labor Relations Bill
Government by Experiment———Speech by Dr.
Neil Carothers
How Inflation Affects the Average Family-
Speech by Dr. Ray Bert Westerfield `
The AAA Amendments
Political Banking—Speech by Dr. Walter E. `A€  C4
Spahr Y   4*
The Bituminous Coal Bill   egg; r_t,
Rigimenting the Farmers—Speech by Dr. G. W. Eg li l ‘‘~, SI
yer Y ‘¤57‘Ya\. YY"
Extension of the NRA ¢*?;·Y pe)0
Human Rights and the Constitution—Speech
by R. E. Desvernine
The Farmers’ Home Bill
The TVA Amendments
The New Deal, Its Unsound Theories and Ir-
reconcilable Policies—Speech by Ralph M.
Shaw
* AMERICAN LIBERTY LEAGUE
AMERICAN LIBERTY LEAGUE NAT;‘g’1';;;°;_g§;;q;';;;;';ING
NATIONAL PRESS BUILDING WASHINGTON, D- C.
WASHINGTON, D. C.
* *
%¤4 J
Document No. 40
{

 I
f Is the Constitution For Sale?
Q -x<
  IT IS fitting to think of the Constitution on this
  Memorial Day when we decorate the graves of
i those who died to preserve it—who, in Lincoln’s
words, “gave their lives that the nation might
live.°°
  Why did they consider the Constitution of
, such supreme importance?
Because under it the United States had grown
M from insignificance into the greatest, happiest
and most prosperous nation ever known.
_ 4 Some will say that our good fortune was due,
not to the Constitution, but to our vast natural
resources of farm, forest and mine.
But those who know Russia, China, or even
Mexico, realize that resources cannot make a
happy people unless they have a protecting .
Constitution.
But whatever caused our past prosperity, we
p know that there was a time when we obeyed our
Constitution and were blessed above the rest of
the world; and we know too that today our
prosperity and happiness have given place to
‘ unemployment and distress which accompany
our neglect of the Constitution.
W Perhaps not every part of the Constitution is
` neglected, but those parts which are most im-
portant are disregarded.
We will better understand this if we ask,
_ “By whom was the Constitution formed and for
. what purposes`?”
It was formed by the people of the original
thirteen states, for the purpose of preserving
their rights; and if it be viewed in the light of
that purpose, we will never be in doubt as to
its meaning.
‘ When thus formed, it had two great over-
shadowing provisions.
These were: First, a guarantee to the people
" of the states of their rights and privileges in-
3

 elueieg the right sf eelegeveremeut in local act tried to give to themselves (they being Fed-
eeeuie _ _ eral officers) the power to control matters hap-
Ueeer the Seeeee ef these greet preV1S1eeS’ pening within one state and not related to an-
eeme_bet net meeh_Pewer wee eeefenied other state. -The familiar example is Federal
upon the Federal Government. That power was A interference with a man Pressing a pair of
divided among the three eeP_eI:tmeme’ the_Leg1e` ti trousers, which obviously is not interstate com-
lative, Executive, and Judicial. {And lt was ‘ m61_cc__€XccPt to the N·R•A·
provided that no one department might trespass n On M on d ay the Supreme Court d 8 C1 are d that
ee eeethel" _ _ _ e the N.R.A. law attempted to usurp power over
Hee I Spoken ee this Sub-ieet lest Week’ It such local activities and was therefore void. So
might have beee my duty te preve that both of the first of the great principles for which our
these great principles have lately been neglected. Constitution was formed has been definitely
But on Monda last the established in favor of the people and against the
The Warning C Y d politicians and office holders.
Supreme eurt _we¥ne The second great provision concerned the
ef the Supreme Yee that both prmelplee separation of powers of the three departments.
Court are not only neglected,
they are being violated. _
I refer specially to the N .R.A. decision. Let us The Sulireme Court now
consider the Supreme Court and its decision in Congress saYs that Congress aione
that case. Must Enact may exercise legislative
Our country differs from most others in hav- N8ti0I1,S Laws Powers and maY not turn
ing a Supreme Court empowered to set aside them over to the Presi‘ a I
any law violating the provisions of the Constitu- deht· And thus the seeohd great Prmeipie was
tion which the people have adopted—a court decided against the Poiitioians·
which can Say to all government Oitiaiaiai eeY0u Let us now ask whether it is essential that we
must not do this thing, {ai the People gave yan should have this particular Constitution.
no powai- to do it_” The Constitution is not sacrosanct. It has
Qui- Supreme Court is thna the guardian Oi been amended frequently and doubtless will be
the people against oitice holders and politicians. * amsndsd again- But the Federai Gowrnmont
NOW lat ua taka up again the two great ni.in_ cannot amend it. That can be done only by the
ciples. First, as to the State’s right to local self- psvpis of the states or bY their rePresentatiVes·
government. Under the Constitution every state ‘ But we need eeme Censtitutioh to Proteet the
was to have control of manufacturing, mining, unorganized PeoPie against despotism and oP‘
industry, commerce, etc., within its own borders. t Pression bY otuee hoider s and Poiitieians·
` But wherever such operations concerned two or On this suhjeete that VerY Wise mam George
more states it was clear that there might be dis- Washingtone saidv in his tareweii address?
plltes ance conseqitcntlm that Some unbiased and l "Thc spirit of encroachment tends to consolidate
d1s1nterested arbitrator was needed to handle the powers of all thc departments in ons, and thus
what is called interstate eommeree· The F€d· to create, whatever be the form of government, a
eral Government was designated as that real despotism. A just estimate of that love of
ai·hiti·at0t·_ power and proncncss to abuse it which prcdominates
NOW those who drew and Passed the N·R.A- in the human haart, is sufficient to satisfy us of the
truth of this p0s1t10n.”
4 5

 j And this, he continues, has happened "in our have been lulled into a false sense of security
own country and under our own eyes.” by just such assurances.
Now who wanted the N.R.A. and why? So the N.R.A. went into effect by a combined
The bill was offered by the President. vote in Senate and House of 382 to 100, and for
He is a lawyer. The oiiice of Attorney Gen- .. two years there were oppression, confiscation of
eral is aspired to by great and leading lawyers.   property, jail sentences, arbitrary and burden-
He has many other lawyer assistants. some taxes, cracking down and congenital bad
In Congress are 530 Senators and Representa· j manners of the Administrator and some of his
tives and more than half of them are lawyers. A associates.
And all of these, from the President down, Lawyer officials must have known that their
are bound by two oaths to preserve the Consti· law was unconstitutional, for they deliberately
tution; first, their oaths as lawyers, and second, avoided a test. They carried a case to the very
the oaths they take as office holders. Yet—and it Supreme Court and then trickily withdrew the
is an appalling thought-—these very lawyers appeal and evaded a decision.
brought about the passage of the N.R.A. and But ultimately that Act did reach the Supreme
voted it upon the people. Court on a case especially selected as most fav-
Many warned them then that their action was orable to the Government, and that tribunal
unconstitutional. Since then they have been so declares it unconstitutional and void, as relates
warned repeatedly. ‘ to the first great provision—that which concerns
The Americana Liberty League gave specific home-rule.
warning and issued two pamphlets calling at- The second provision, concerns, you will re-
tention to the illegality of the N.R.A. act and call, the separation of the three Federal depart-
pointing out the grounds of its unconstitution- ments.
ality. The League respectfully brought these Now the N.R.A. law, the Court says, violates
matters to the attention of Congress and the also this second provision for it empowered the
public and urged a return to American prin- President to issue orders having all the force
ciples. Its work was received with such terms · of law.
as “tories” and “lies,” and with the abuse some- Thousands of orders were issued. The Presi-
g times resorted to by a lawyer to bolster up a _ dent, of course, could not consider all of them.
shaky case. t So numberless clerks, not chosen by the people,
The N R A act was ruth- Erote tholusands gf (laws abolpt gvhich Corggress
. .   newnotin. nnwt urm
“Dl°l“t°rShlP” leesly rushed tlll`eugll• It H says, in eifecE—“No. Congreis miss mcakeoxe
0P°‘{lY was Passed by the House laws, not politicians, bureaucrats and clerks.”
Admltted g¤d¤r what is eelled e I do not mean that the N.R.A. did not have
77 '
_ gag rule wlllleut the good points. But its passage was by usurpation
Opportumty for adeqlwte debate sr preper and imposition. If the job-holders wanted the
alileudmeuh The Chalrmall ef the Rules Cem' N.R.A. they should have submitted a constitu-
mince Bald: tional amendment. That could have been done
“Unde1· this bill . . . the President of the United in the early part of 1933. But D0 such effort
States is made a dictator lover industry for the time was made. The power to impose the N_R_A_
being; but II IS a benign dictatorship? .
tyranny was simply stolen from the people.
All peoples who have ever lost their liberty Now, it is g00d to give UIOHBY to 0hm`itY» but it
6 7

 1S evil to steal the money, even 1f you g1V€ lt for SUS nd ugzrggnsgtentions
a good purpose. So it was evil to steal the T?Pd ' S OO _ wisd m`
. . er1or o .
power to impose the N.R.A. on the people, no lr up
· As to the first (emergency), the Supreme
matter what the motive. C t 1 a 0 Said
. . . . on :
And all of this was done 1n violation of the , in g g, , . ,
. The Constitution of the United States 1S a
double solemn oaths of which 1 have spolien a .
While a 0 law for rulers and people, equally 1n war and
g · _ in peace, and covers with the shield of its pro-
It Scams as though *“ tection all classes of men at all times and under
. ll ' c ."
Dangers George Washington must a clrcums ance`; . .
F b · . As to the second and th1rd excuses It may
orcsscn Y have foreseen this very _ ,
h- . fa1rly be said that some of the fundamental
Was 11’1gt011 day when he said:
errors of present-day oiiice holders are based on
“If, in the opinion of the people, the distribution their conviction that among them will be found
or modification of the constitutional powers be in Supcymcn capgblg of ggntrglling, managing and
any particular wr°“g’ ht it be °°"°°t°d by an directing the homes businesses, families and
amendment in the way in which the Constitution hid U f 130 000 600 C ic more Satisfac-
designates. But let there be no change by usurpa- C 1_ ren O ” ’ P Op
tion; for though this, in one instance, may be the tomly than the PCOPIB thcmS°1vcS•
instrument of good, it is the customary weapon by "The error is noble, the vanity fme."
which free governments are destroyed.”
·•· =•· =•· =•= ¤•= =•= =•= =•= =•· =•= 1 But while W6 may prop-
"T0wards the preservation of your government, Thc PCOP C crly blame Some P01iti'
and the permanency of your present happy state, it Must Share Ci3I1S Hlld 0mCC l10ld61`S
is requisite, . . . that you resist with care the spirit q Responsibility for uncgngtitutigngl gctg,
of innovation upon its principles, however specious let us not forget that wc,
the pretexts. One method of assault may be to eiiect as a 60 ic must take a Still rcatcr Share of
in the forms of the Constitution alterations which P P ’ ~ g
will impair the energy of the system, and thus to that blame'
undermine what cannot be directly overthrown.” TIHS country b€10Hg$, not to 0mC€ h01d€I`$»
. . . b t 1; th 1 .
lf these were the only unconstitutional th1ngs u 0.uS .C PSD}? C
. . ¤ We inherited lt in trust to be passed on to our
done to us lately, one might be more char1table children Had the trust been (mc ccncernin
to the wrongdoers. But the fact is that in 140 mmm LOW rcciousl We would have uardcg
years of our national existence preceding 1932 it B21; thisptrust is if Somethin far gba (md
there were less than 60 instances in which the ` ,   Y
, , money. And we have not been diligent trustees.
Supreme Court held laws unconstitutional. And We have Seen the mcious ri hts trustccd t S
. o u
thm year (not yet 5 mouths Old) thc Supreme filched under our liter e es g And what eifort
Court has declared four laws void. An equal have Ou made what iggrt °haV€ I mad t b
. . c
number have shared the same fate 1n the 1n- worthy trustees; 0 C
ferior Federal courts; and, this week, the pace Whit Should im our future course as a nat. I1.,
. . 10 .
has been accelerated to two cases in a single day, .
. Surely 1f the powers of the Federal Govern-
1n the Supreme Court alone—and dozens of
. ment ought to be enlarged (as ofiice holders be-
other cases are pend1ng. . . .
. lieve) , a constitutional amendment for that pur-
Three excuses are g1ven by those who have . .
thus tramped on the Constitution pose should be subm1tted 1n an honest, open
  '
8

 and honorable fashion. Every citizen should
visit hot displeasure on those who seek to alter
the Constitution and enhance their own powers ‘ `
by subterfuge and indirection. I know of no
such amendment proposed by oiiice holders. 1
When next I go to the polls I must ask myself ’
whether my party candidate has helped to pass
a law violating the Constitution he swore to
preserve. If so, I must ask whether he acted {
through sheer ignorance of our fundamental
law, or whether he was moved even less
worthily.
On the facts, I must guide my ballot.
I wish that all of us might on this day con-
secrated to the patriotic dead, take to heart
Lincoln’s words and, applying them to the pres-
ervation of our Constitution, “take from these
honored dead increased devotion to that cause
for which they gave the last full measure of
devotion, and that we highly resolve that these
dead shall not have died in vain.” ‘
But, in truth, we Americans as a people have
not, of late, had that spirit.
We have been much more like Esau of old,
for he had a heritage, a birthright, just as we
have in our Constitution. And, because he came
from his field faint and hungry, he “despised .
his birthright" and for “one morsel of meat sold
his heritage.”
So with us. We have been frightened by a ‘°‘
mere threat of hunger. We have felt faint, and
for a little food, paid for out of our own tax
money, we have been offering our birthright, “
our Constitution, for sale. ' p
Let me hope that like Esau we will repent.
And I cannot forget that though “at Hrst he f
found no place for repentance, though he sought
it carefully with tears,” yet, finally, his descend- .
ants became a mighty people and blessed the `
earth.
10