xt7wwp9t2q46_38 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. 41 "How to Meet the Issue" Speech by The Honorable William E. Borah, United States Senator from Idaho, June 2, 1935 text No. 41 "How to Meet the Issue" Speech by The Honorable William E. Borah, United States Senator from Idaho, June 2, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_41/Am_Lib_Lg_41_001/Am_Lib_Lg_41_001.pdf section false xt7wwp9t2q46_38 xt7wwp9t2q46 4
Pamphlets Available ir ir
*
Copies of the following pamphlets and ,
other League literature may be obtained
upon application to the League’s national M t I
h€3dqu&I`t€I`S¥ é
Why, The American Liberty League?
The Tenth Commandment *
Statement of Principles and Purposes
Progress vs. Change—Speech by Jouett Shouse
Recovery, Relief and the Constitution——-Speech
by Iouett Shouse
American Liberty League—Its Platform * * *
An Analysis of the President’s Budget Message
Analysis of the $4,880,000,000 Emergency Relief ‘
Appropriation Act
Economic Security
The Bonus _
Inflation
Democracy or Bureaucracy'?—Speech by Jouett T
Thshar H W 1. S*"°°*‘ by
e irty our ee
The Constitution Still Stands—Speech by Iouett THE HONOBABLE WILLIAM E- BORAH
Tlihlixxding Banking Bill ~ United States Senator from Idaho, over
The Hvldins C0mP¤¤Y Bill the Network of the Columbia
The Legislative Situation——Speech by Jouett B ,
Shame roadcasting System
"What is the Constitution Between Friends?”——
Speech by James M. Beck Sunday, June 2, 1935
Where Are We Going?—Speech by Iames W.
Wadsworth
Price Control
`Yesterday, Today and Tomorrow
The Labor Relations Bill
Government by Experiment——Speech by Dr. I
Neil Carothers
How Inflation Affects the Average Family-
Speech by Dr. Ray Bert Westerfield
The AAA Amendments `_;€ lC4
Political Banking—Speech by Dr. Walter E. Y ’l»
Spahr · V yi ..=L’?
The Bituminous Coal Bill , * S .'i` Ml
Regimenting the Farmers—~Speech by Dr. G. W.
Dyer *?;·Y L9?
Extension of the NRA I
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
Is the Constitution for Sale?——Speech by Capt.
William H. Stayton
* _ AMERICAN LIBERTY LEAGUE
National Headquarters
NATIONAL PRESS BUILDING WASHINGTON, D. C.
WASHINGTON, D. C.
ir *
‘
I 4 Document No. 41
I .
>
1
l HOW TO MEET THE ISSUE
4 I *k
I LADIES and gentlemen, we live under a
` written Constitution. Many people believe that
is our good fortune. Some people seem to think
otherwise. But, fortunate or unfortunate, it is
a fact. This fact is the cause of much debate at
· the present time.
The constitution of Italy is the fertile and
restless brain of Mussolini. The constitution of
t Germany is the daring and resourceful character
of Hitler. The constitution of Russia is the iron
will of Stalin. The Constitution of the United
States is the will and purpose of the American
people crystallized into a written document
binding upon rulers and people alike.
The characteristic of the former constitutions
is the restraint and repression they place upon
the people and the latitude of power they allow
` · to the rulers. The crowning virtue of the latter
Constitution is the restraint and the control it
. imposes upon the agents and the representatives
of, and the liberty it allows to the people.
· Under the former constitutions the people are
subjects. Under the latter Constitution, they are
T masters. The former constitutions are often re-
ferred to as “modern” and ‘°progressive.” The
T latter as “ancient” and “outmoded.”
I Modern forces——political and economic—are
‘ chafing under the restraint of our written Con-
stitution. It may be that it is destined tongo.
A That would not be so strange. It is 146 years
old; the oldest constitution in the world. But,
T if it should go—either by absolute rejection or
by a transformation, which would leave little
of its former spirit and purpose—still it would
have served the cause of human freedom and
p the advancement and the enlargement of human
happiness as has no other document in the his-
3
tory of the world. Under it the average citizen legislative newer; and, third, that the Fetiere]
emerged from 8 Siam of serfdvm to that of a Q V Government should he permitted to regulate and
sovereign- G1'€3t€I‘ PTOEYBSS and more universal control the purely internal affairs of the State.
happiness has been the portion of the masses During recent years there has grcwn up e
Since the year 1789 than in all the 5,000 YEMS l theory wholly at war with American principles
preceding it. of constitutional government, and that theory
Whatever, therefore, may be the future of the is; When an emergency cxists, or when the
e American Constitution, °°the Past is S€°m'€·” f Congress and the President declare an emer-
The "oxcart” system may pass out ¤¤d€I` the gency to exist, this in some way enlarges the
ieaders The political philosophy of G€¤€i'31 f the Constitution. It is further contended that
Johnson, Mr. Ri¢hbe1‘g, and DL Tugwdl m3Y the courts are justified under such circum-
Supplatit the political philosophy of G€¤€i`al stances to consider matters other than the terms
Washington, Madison, and .l6iY€1`S0¤3 ¤€V€¥`th€' of the Constitution itself. This theory was urged
less, in my judgment, the “0XCai`t” Constitution in this case, but the Court held unanimously
should and will hold a high place at the bar of that it was bound by the terms of the Constitu-
history. lt has nobly served and marvelously tion. It declared, in effect, that it would sustain
wrought during the °°oXCa1‘t” pe1‘i0d· in the fullest measure all powers which the
The only thing I shall urge is that in the people had written into the Constitution, but
matter of the change the people be consulted. the Court declared that it did not feel justified
The Constitution should not he changed by the in wholly disregarding the language of the Con-
Supreme Court. It should not be changed in stitution. A decision of the Court based upon
Washington. It should be changed by the the theory that the Court could consider any-
people alone. thing other than the terms of the Constitution
. itself would create a complete judicial oligarchy.
It would leave the question of the extent of
THE decision of the Supreme C0\11‘t···Wh€i`€i¤ power to the determination of those exercising
I1£1tlOIIHl·I°CCOVCI`}" ].CglSl3.tl.OI]. WEIS l.HVO].VCd*·‘lI3.S pOWcr..a Complete Of dgspotic power.
renewed interest in our constitutional form of r
government.
Tllé Court decided tl1I'€C II'18lI1 questions: ygjgctiug the doctrine that an gmgrggngy
First, that the Supreme Court in rendering its , justifies a disregard of the plain terms of the
opinions is bound by the written terms of the Constitution, the Supreme Court announced no
Constitution. Second, that Congress alone under new doctrine Sixtyqiiiie ygarg age a maii, a
the Constitution as it now stands possesses the civilian, was tried by military court and sen-
legislative power of the National Government. tenced to death. He appealed to the Supreme
Third, that the States alone may legislate, Court, claiming he was entitled to be tried by a
touching matters wholly within the State. jury. The argument was made that the great
Tl10SC Wl'l0 CI‘ll1lClZC tl1C Court SCCIII to C0]1t€I1(l Wa]; was an gmgrggncy of Such gt nature
that the Court under certain circumstances that the Court would be justified in disregard-
ought not to be bound by the terms of the ing the provisions of the Constitution which
Constitution; second, that the executive de- guarantees the right of trial by jury. The Court
partments should he permitted to exercise rejected this vicious doctrine, saying: “No
4 5
doctrine involving more pernicious consequences regulations With the force of law, marvelous
was ever invented by the wit of man than that things liaye baPPened· Over 5,000 laws have »
any of its provisions (the Constitution) can be been promulgated by the executive depart.
suspended during any of the great exigencies K ments, the violation of which would constitute
gf . the Government, Such a doctrine legdg ‘ crimes. Over 17,000 rules and regulations have
directly to anarchy or despotism.” heen Pi‘omu,igated, the violation of which
If any such power is to be given the Court or might not oonstlttlte a crime, but Which reg-
to the Congress or to the Executive, let those ‘ ulated and controlled personal conduct. These
Who urge Such Powers be given Colne for. v rules 3IId regulations OI` laws GTC to be found in
ward with a proposal in the way of an amend- some 10,000 pages of printed material. The cost
nient to the Constitution, A change of this of administering these laws has been, it is esti-
stupendous moment should not be made by the mated, at 0Ve1’ $4i,000,000—aii of Which must
Court through strained and unnatural construe- be Paid by the people. Men have been charged
tion, or the Congress through disregard of the violation of laws HO
its constitutional obligations, knowledge and could not, as a practical matter,
secure knowledge concerning them. The Court
declared this was carrying the matter too far;
THE second proposition which the Court de- that anon information eught te be Ptoyided in
cided was that Congress, elected by the people, the law passed by Congress which would, at
alone may make Federal laws for People, least, lI1diCEIt€ to tl1€ citizen tl1C of 3U.th0I'·
This is an old theory. It cost the friends of ity on the Part of the executive department. It
liberty a vast amount of suffering and blood- held that the Congress must, at least, specify
shed in order to establish it. At least two great rules and standards by which the executive
wars were fought upon the subject. It is a prin- dePai`tinents were to be guided, limited, and
cipie as oid ag free institutions_ The Court controlled. The criticism of the decision means
held that under the Constitution as it now nothing iess than that the law-making depart.
stands, Congress cou]d not ahrogate its power ments should include the executive department.
and surrender to the Executive its power to lt the PeoPle ef this country Want the executive t
make ]aws_ departments to have unlimited power to make
The Court did say, however, and in so saying laws for every conceivable activity of the citizen,
held—it seems to me to the full limit—that if t Violation of which would send a man te jail,
Congress would provide in the law a standard, t they at least should have an opportunity to page
a guide, or a rule governing the Executive in nPon the questiclh No such power should be
making rules and regulations which would have established by the courts or by the surrender
the force of law, that such rules and regulations ef duty by the Congress. Let us have an open
thus made would be valid. The criticism of the Pl`oPosal by Way of 3 constitutional amendment
Court, however, implies that the power to make submitted by those who want such power,
such rules and regulations having the force of e
law should be unrestrained and unlimited. This
the Court declared it was not authorized to I UNDERTOOK to frame an amendment, I
approve under the Constitution, wanted to get a full view of its hideous legal
Under the riotous power given the Executive and lnotal asPeet• My draft reads as follows:
in the National Recovery Act, to make rules and ' wllhe legislative Power is hetehy Vested in the
6 i 7 ·
Congress of the United States and in the and in effect, that however expedient it may be i
different executive departments which may be deemed for the Federal Government to invade
created from time to time.” the State and take over its affairs, the Constitu-
That is brief, but I believe it will accomplish tion has given no such power and we feel bound
all that is desired by those who are dissatisfied by the terms of the Constitution.
with our present Constitution. 4 When Governor of the State of New York, our
I would not want it to be inferred from any- I President declared that the great strength of
thing I say that this effort of the executive de- our Government was due to the basic fact that
partments to take over the law-making power we had 48 laboratories in which the people
is of entirely recent growth, or that it is charac- could acquaint themselves with and work out
teristic of any particular administration. It is their policies; that this responsibility was in-
an evil of long standing. It is one of the subtle dispensable to a self-governing people.
and dangerous demands of bureaucracy made Upon another occasion the Governor of New
under the guise of efficiency and public interest York, now our President, addressing the Nation
which nothing less than eternal vigilance can over the radio, said: “The preservation of this
restrain and, apparently, no power can wholly home rule by the States is a fundamental neces-
prevent. sity if we are to remain a truly united country.
For myself, I am not at all annoyed that this * * * To bring about government by oligarchy
tyrannical practice has boldly intruded itself masquerading as democracy it is fundamentally
upon the public attention by its startling de- essential that practically all authority and con-
mand that it shall enjoy this privilege un- trol be centralized in our National Govern-
restrained. Under loose and vague rules and ment; the individual sovereignty of our States
standards set up by Congress, authority has must first be destroyed. * * * We are safe
been given from time to time to make rules and from the danger of any such departure from the
regulations having the force of law, until today principles upon which this country was founded
the people are subjected to a species of annoy- just so long as the individual home rule of the
ance that is almost unbearable. The Congress States is scrupulously preserved and fought for
and the courts had already gone to the limit whenever they seem in danger. Thus it will be
and-—to some of us it seemed——beyond the limit ~ F seen that this home rule is a most important
in acquiescing in this practice. It was only when j thing——a most vital thing if we are to continue
the demand was made that this power be prac- i along the course on which we have so far pro-
tically unlimited that the Court called a halt ’ gressed with such unprecedented success.”
and in the language of Hamlet to the ghost as
it led him toward the precipice said thus far
and no farther. THE integrity of the State so ably outlined
and defended by the man who was soon to
become our President and to be entrusted with
THE third proposition decided by the Court the duty of preserving our free institutions is
was that Congress, the Federal Government, the same doctrine embodied in our Federal
could not regulate or control the purely internal Constitution and in the recent decision of the
affairs of the State—that the Constitution had Supreme Court, now so sadly misunderstood or
left to the State the right and power to regulate so unjustly denounced. I am glad to join with
its local concerns. The Court said, in substance the President in saying that there is no such
8 9
thing as a Federal Union letter the States have this issue, That assailment of the CONN is
been Whipped and bullied thto ooWard1Y sub· wholly without justification in this particular
miSSi°H‘ I go further and Say that So tohg as i . instance. The Court could not have decided
tho SuProrho Court rtgtdtY Prosorvos tho rights otherwise under the Constitution. The attack is
of tho Statss under the C0¥1stituti0¤» it Will t really upon the Constitution itself and that can
deserve, and I venture to believe it will have, Only bg remedied through a c0nStit11ti0118l
the respect and the support of the people of amendment, (
this country and, upon reflection, the commenda· ‘
tion of the highest of our officials. ‘
Nothing should blind us to the fact, no emer- . . .
‘ h P d t th
gency should confuse us to the great truth that ON]? can ympétthlzc Ilvglttiétc inu§;a§;é xhh ·
the rights of the States are peculiarly the rights hl? a most ma IBSPO Abmljam Lincoln the
of the people and touch their habits and cus- thm grt;tl&tm}€1(;1g€ncy'aC ever born unde; thc
toms and daily way of living as nothing else truest} 1 0 Fmqcr Y . . 1
· ·. American flag, 1t will be recalled 1n a specia
may. It 1S important when one department of C ut the ucr whether the
government invades the jurisdiction of another massage to (ingress P q gl. . ht t
d · power necessary to save the Repu 1C m1g no
epartment of government but that IS compara- s 1-
· · - · - be of such nature as to destroy the Repub 1c.
tively unimportant with the 1nvas1on of the _h ,bilit in a [Cat emergency
1·ights of the people in their everyday living. lf Wu great mtfmnsl 8 il; atiejcc with 0PpOSi_
any change is contemplated in this respect the gust _H6c;fSar;fy $0:11 mcg; that rcs Onsibility
first to be consulted should be the people them- tum m t C B or 0 .... h
But what can be said in justification of t e
selves and that can only be brought about _ _ Ht ho ho 6 to Win favor and
through an open proposal for an amendment to chlrpmg Saw 1 CS . h
· - · make sure of the1r salaries by decrying t e
the Const1tut1on. The people know what 1f any d_ k f W bin ton JBHCYSOII and M8di_
Dortion of their local rights th6Y are safe in han lwliirbo astheghmic not thcipaticncc 01, .
surrendering better, far better than the courts SOn’ lg]? ecalgsc Z Statute within the terms
or the Congress or the executive departments the a 1 uy ui mime h . f .1
can Ossibl know Them is an instinct in I_c_ of the Constitution seek to cover t e1r 81 ure
1 P Y l by talking loud and constantly about an out-
gard to such matters more to be trusted than d C _ t, d made uatc institutions
the wisdom of rulers. The Court should be made Onsutu mn an q
commended for jealously guarding such rights.
_ The lawmakers should resolve all doubts in ;
f¤v<>r <>f Such rights and Whcn it is pr<>p¤¤¢d to l SEE in the morning paper that the President
ourtutt thorh it Should be done ohtY through tho has ordered to be dismissed some 500 cases
approval of the voters. If the people wish to pending against persons for supposed OHGHSBS
i WtPo out Stuto hhos ohd oohsohdato tho Uhtoh under the rules and regulations of the codes. _
into one unbroken empire they have· the power t It was nne te have acted promptly in this
under tho Cohstttuttoh to do So- No oho else matter. The President will hardly be able to
has- Tl10s€ who fos], therefore, that tho Stotos realize the relief that this will bring to those
Should be Shorh of thotr Powor ih whole or th persons and to millions more who have stood
Part Owc it to the people to Suhthtt thotr Pr0· in fear of violating some rule or regulation of
Posals to tho Péoplo ih tho waY of a dohnits which they had no knowledge or of receiving
i umohdmohh That is tho Arhortooh WaY to moot letters threatening them for doing something
10 _ 11
\\
which seemed of right to an American citizen. nnderiyins prineipiee ie re errike et the hte ef
These are the things, this everlasting {em. and d a representative democracy.
mortal dread of the truly law-abiding American t ' i de ner fer get either in these dere that herdiy
citizen, which would have brought the National hed the Censtitutien heen adePted hefere there
Recovery Act to taht sooner ct- later had the ¢ were there whe deeiered it nnwerkehiea in-
Court not spoken. It is useless new to ge imo adequate, and a failure. There has never been
details, but the record is at hand, and the annoy- t a time ef stress in eur hiererr when there were
ances which have been unnecessarily visited t ner these whe were fniiy PrePared end anxieus
upon millions of American citizens were work- t re write a mueh hetter Censtitutien end give us
ing to the utter break-down of the law. Before a mere Pregressive term ef Gevernment· Bute
W6 fully make up our minds, thgrgforc, to in spite of doubts and fears and against all
g0V€i’H permanently 130,()00,()()() People from emergencies, and in spite of the efforts of im-
Washington in all their leesl affairs ef deiiy patient critics, the work of the combined views
life, from the farmer’s wife marketing her of Hamilton and Jefferson lived on. Under it
chickens to the discretion of the husbandman the Natieh hee grewn in strength end grandeur-
th his planting aha acwihe, let aa bear in mind The peepie here edreneed in eii thinse whieh
that these things cannot be dchc, cannot cvch eenrrihnre re reepeneihie citizenship. it hee
he 0V€I`S€611 by a President, It is het humeniy successfully encountered the devastating forces
possible. These things are done by thousands of ef twe great wars end eiteetiveiv met the
bureaucratic ascaridaes whose glory is the dis- exigeneies ef mere than ene dePressien· it hee
Piay Of arbitrary power. Let us hear in mind accomplished these things, not only because of
that in the prolific mucous of delegated power its inherent worth and wisdom but also because
ata laid and hatched these tavattctta insects as l in e ierse nreeenre ef the reepeet fer end feirh
fatal t0 the liberty of the citizen as the leeueie i in the Constitution upon the part of the people,
to the field of the toiler. I rejoice that the a thing Whieh ehenid er ne time he under"
President is putting an end to these activities estiinated·
and is giving rein to the initiative, the personal
aims and ambitions, the judgment of the citizen
touching his own personal affairs. The value of g WE aii aPPreeiate the eeriene task deveivins
this in the matter of recovery cannot be over- t" UPON the senerei Geveiiimeiit et this time, but
estimated. l the constitutional powers which have been suffi-
; cient to deal with the great emergencies of the
` past we still enjoy unimpaired. The decision of
IN conclusion, I do not wish to be understood the SuPreme Cenrt enrreiie them in ne resPeet·
as contending that the Constitution is a sacred t These Pewers ef the Nerienei Geverhment under
¢i00l1meI1t, never to undergo amendment the Constitution are very great—they were de-
Neither do I wish it to be inferred that the eisned re he end ere eqnei re eii the dernende
I
\
\
I
V 14