xt7wwp9t2q46_98 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. 101 "Shall We Plow under the Supreme Court?" Speech of Jouett Shouse before the Bondmen's Club, Chicago, Illinois, February 6, 1936 text No. 101 "Shall We Plow under the Supreme Court?" Speech of Jouett Shouse before the Bondmen's Club, Chicago, Illinois, February 6, 1936 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_101/Am_Lib_Leag_101_001/Am_Lib_Leag_101_001.pdf section false xt7wwp9t2q46_98 xt7wwp9t2q46 AN INVITATION TO JOIN THE  
AMERICAN LIBERTY LEAGUE   * *
  A Shall We Plow
We extend to every American citizen who believes in E I
the fundamental principles which gave birth to the g _    
Constitution of the United States an invitation to be-   _
come a member of the American Liberty League.   I
. . .... ; Supreme Court ?
You may indicate your acceptance of this invitation E t
by filling in the necessary information as to your name Q ;
and address on the enrollment blank below and mailing  
it to American Liberty League, National Press Building,   Q
Washington, D. C. Q  
There are no fees or dues. If you are willing and   I * * *
able to give monetary help for the League’s support Q
your contribution will be appreciated, as our activities Q
are supported entirely by the voluntary gifts of our §
members. E A .
ENROLLMENT BLANK   E Speech of
` Dam   - JOUETT SHOUSE
Q I President of the American Liberty League
I favor the principles and purposes of the American 3   b f h
Liberty League and request that I be enrolled as a Q _ e Om": e
{ regular U }_m€mb€I_. Q , BOIldIIl6l1,S Club, Chicago, Illinois I 
*c°m¤`IbuU¤B g February 6, 1936
Signature    _
Name (Mr. Mrs. Miss)   gmc .
nz Street   E <$>¢ 0
3 ; try M
q >
-9 ............_.—   
°" Town E
County State E A
  Q AMERICAN LIBERTY LEAGUE `
* _b _ b I d _ _ $ E , National Headquarters ‘
As a contr1 utmg mem er esire to give E _ NATIONAL PRESS BUILDING
to help support the activities of the League: Cash here- g I WYASHINGTON, ])_ Q_
with Installments as follows:    
  A ik ir
(10 1) g Document No. 101

 Shall We Plow Under the
Supreme Court
*
MR. CHAIRMAN and Gentlemen: For ap-
proximately 150 years this nation has lived and
grown and prospered under a document known
as the Constitution of the United States. We
are one of the few nations of the world with a
{ written Constitution. For the writing of that
{ Constitution there was good reason. For its
  preservation unimpaired in its basic tenets there
  is better reason today than there has been dur-
  ing any one of the 150 years of its history.
{
{ THE GREATNESS of that Constitution is
{ founded on two primary thoughts:
` 8 Z _ _ _ Q 1. An exact, unshakable and unbreakable '
HEN you have finished with this   balance of power as between the three depart-
pamphlet Please PGS-? it on to $0m€   ments of our National Government, legislative,
friend or acquaintance who might be { executive and judicial- I o
interested, calling his attention to the 2° The fact that .W6 have m mahty a dim]
government: A national government of which
m€mb6’T$hiP blank on Page 24- { the states are composite parts; a national gov-
{ ernment created by the states; a national gov-
{   ernment which derives every power that it
{ possesses from the states; and a national govern-
~ ment which, by the very charter of our liberties,
_ cannot and must not impinge upon the powers
{ that were not granted it by the states and there-
· ~ fore have been reserved to the states and to the
{ people.
{ THE SUPREME COURT of the United States
{ had nothing to do with the writing of the Con-
{ stitution, but by the terms of the Constitution
{ itself the Supreme Court of the United States
{ is the final arbiter and determining factor as to
{ what the Constitution means.
{ The Constitution is the basic law and no law
  that Congress may pass can in any circumstances
  supersede or impinge upon or run contrary to
{ 3

 the basic law that was established by the people Court of its solemn duty without ostentation,
of this country to govern it. And therefore when without prejudice, without acclaim, and with-
the Supreme Court renders a decision upon an out fear, to pass upon legislative enactments
enactment of Congress it is not the business of that may be presented to it, and for your pro-
the Supreme Court to say whether the act is a tection to outlaw such enactments as do not
wise act or an unwise act. It is not the province conform to the basic and fundamental network
of the Supreme Court to pass upon the merits of our law.
of any legislative enactment of the government. Of course, it is not important, save as indicat-
It is the province and the sacred duty of the ing a certain state of the public political mind,
Supreme Court, in the light of the Constitution, as to what resolutions may be pending before
to interpret to and for the American people the V the Congress. In every Congress literally thou-
question as to whether an enactment of the   sands of bills and resolutions are introduced
Congress, a temporary body, contravenes in any   which never have even serious consideration in
way the basic law, which is the Constitution. j a committee of the Congress, and no proposal is
i of consequence unless it is one upon which there
NOW WE have pending in both houses of the 1 is the possibility of definite action.
Congress at the present time a number of resolu-   There is, however, in the present situation, a
tions which seek to amend the Constitution of   need for a determination as to the attitude of
the United States. The tenor and the purpose   certain people. I am extremely anxious to
of practically all of those resolutions is to de-   know, and I dare say you, as thoughtful Amer-
prive the Supreme Court of the power vested in i ican citizens, are extremely anxious to know,
it under the Constitution to interpret the acts of { what is the attitude of the President of the
Congress and, if they are not in conformity with : United States toward possible amendment of the
the basic law, to declare them unlawful. i Constitution.
Should these amendments, or should these  
i resolutions, or any of them, be finally passed by   I SPGKE a While ago of the odnai division of
the Congress and adopted by the necessary two- { powois as botwoon tho thioo oooidinato
thirds of the states, what condition would we   branches of om. government. That division
face ill ti1iS 00\111t1'Y? We would hava tha $itua'   formerly existed. Under this administration
tion where Co11g1`6S$ could Paaa anY act it Saw 1 that division has ceased to exist because, un-
fit, no matter how it might interferewith the happily, a Subsoiviont Congress has abdioatod
s0·callod Bill of Rights, which constitutes the J its function and has conferred upon the execu-
first ton &mo11W·§¤=d *0 épsak for he chwf ¤¤ all matters chtttt th ttpttt already (and my gtthtt tt that the
relating to his department, and those statements . Story img; more than half told) more legislative
go unmbukcd and un°°nu`ad1°t€d¤ they must bs enactments of this administration, aye, twice as
accepted as representing the views and the de- many, as have ever before been upset in eee
SITES °f the Pmsldcnt hfmsclfk administration`? What is the character of that
I have no quarrel with any man who seeks legislation?
in the way provided by the Constitution itself   Said to you a While eee that Ceeereee hee ~
to amcnd that document I m_ay Oppose he surrendered its powers. If it be possible, it has
amendment; I may not agree with his amend- deee en even mere deeterdl h.
. . . y t 1ng than that,
ment; but any c1t1zen of America has a perfect beeeuee it h bl. dl d d ,
right, in a constitutional way, to attempt to as m Y Surmn crc Us Powers'
amend the Constitution if he believes it is in I Pscd to Im a Member of C0ngmSS’ as Your
the public interest. Certainly Mr. Roosevelt :~ Chalrman Sa1d' I hope I am f°rgiV°n‘ But in
hee. But the American Peeple heve the right those days, and speakmg seriously, in the stress
to know whether Mr. Roosevelt wants to see the of Wah when action bY the C¤¤sr<>¤¤ of tht?
Constitution amended, and if S0, exactly the y United States was absolutely vital to the carry-
character of amendment that he would offer. ins forward Of this €m€I’PI`iS€ UPON which P€1`·
haps the fate of civilization hung, and in which
HERE IN Chieeee e little less than four years we had enlisted to the extent of all our resources
ago my party met in convention assembled. and all our man Povfcrfcven them m the Stress
I And I am still a Democrat, in spite of this ad- Of wah Congress did Its °wu l€giS1atiHg¤ and
ministration. It drafted a platform which I thefc was ncvcr a Suggestion that it Shouldnit
. think every Republican will admit is the best do IL
10 11

 YOU REMEMBER the Draft Aet that Came up having since the spring of 1933. There isn’t a
in May of 1917 after thc declaration of Wal. township school board in Illinois that would
against Germany. It is true that a proposed aeeept er Pass the most trivial matfer with se
Outline of a bil], at the request Of thc Military little real consideration as has been given by the
Affairs Committee of both houses, was sent C¤¤ar<=S¤» veur eengreeet te legisletien Whleh
down from the War Department. The Demo- had, as its deemte and Prepared PurP°Se’ an
emtie Side ef the Military Affairs Committee of utter subversion of American institutions as we
the House was unanimously against the Draft have known them and as We bclisvs in them’
Act. None of them would introduce it. It was and of the Whole Character and form of Amel"
introduced by old Julius Kahn, of California, i¤a¤1if¢· _
the ranking Republican on that committee. And IS It any Wendell thét as Sueeesslvelv these
when that bill was presented to the House, 85 half-baked, unconstitutional, unnecessary, un-
pel. cent of the membership ef the House was lawful and undesirable legislative enactments
uneltembly Opposed te it_ · have come to the Supreme Court, that the Su-
What happened? There were ten days ef   preme Court, in conformity with its sworn- duty,
general debate. In so far as I recall, it was the   has had te end lfhenf eemmfv t°_the heme law
last great debate that took place on the floor of = ef fhe lend’ Whlch IS the Ceneutuuen ef the ,
the House of Representatives. And as a result Umted States?
of that debate, and as a result of the legislation
which the House itself wrote in committee of YOU haven’t forgotten just a year ago there
the whole, when the iinal vote was cast about came down from the White House on Monday
75 per cent of the membership of the House afternoon to Buchanan, of Texas, the Chairman
voted in favor of the act. of the Appropriations Committee of the House,
a bill calling for an appropriation of $4,880,000;
000, to be placed as a blank check in the hands
NOW WHAT have we seen in these last two of the President of the United States. It was
years? An emergency? Oh, yes. I grant you $4,880,000,000. That is more money than was
there was an emergency, a serious emergency, spent for every activity of the Federal Gov-
but I do not grant that it was any more serious ernment in any year from 1922 to 1931. This
than the emergency in the time of the World bill, placed in Buchanan’s hands at two o’clock
War. But under this administration, not one, on Monday afternoon, he was ordered to have
not two, but literally dozens of bills, the author- passed immediately without a single change. He
ship of which in many instances is wholly un- , wasn’t even permitted to have a meeting of his
known, have been sent down from the White   committee to consider the bill. He gathered to-
House to the committees of Congress with in- gether three or four as a subcommittee and had
struetions that they be passed overnight with-   two officers from the Treasury come down for
out the change in the dot of an “i” or the cross an hour, and all they said to him was, “The
of a "t,” without amendment and without de- President wants this bill passed.” And so, under
bate. Even the chairmen of the committees who a gag rule, without permitting debate, with-
have received them and have presented them out permitting amendment, a bill appropriating
and in whose names they have appeared as legis- to the President of the United States this
V lative enactments haven’t known what was in gigantic sum was forced through the House
the bills. within forty-eight hours from the time it came
. That is the kind of legislation you have been down from the White House.
12 13

 l THEY DON’T even any longer call that sort of mede the ob-loot of direet attack two Years ago
thing legislation in Italy or in Germany, and it when the Pres1dent and the NRA fought to l1-
isn’t legislation here any more than it is there. oense the press of the United States. I summon
That is the character of legislation you have as w1tnesses the editors and publishers of most
had- of the influential newspapers of the country to
I could ge OH ad innnitumi taking up these the truth of the assertion that the, Administra-
different bills in serial form and showing you tion was forced to include in the Newspaper
the procedure that has been ieiieweeh Code, under NRA, a clause in which the signers
New what is thc situstien? Censtess has asserted that they were waiving none of their
ahdaostsa. Congress has surrendered all of its risirts nnder the First Artieie ei the Biii ei
power to the executive branch of the govern- Rights-
ment. And the one last thin line that has stood The SPi1`it of the Fenrth Article of the Biii of
hetween the Ametieen People and the destruc. Rights was under attack in the administration
tien ef the form et government in which they l bill which gave the President unprecedented
believe has been the Federal judiciary. P0W€1'S undef the NRA- Undef this bill P0W€1°
Now you are confronted with the question as was granted to examine the books and records
to whether you will allow that also to be plowed · ef all private industry, es the President er his t
under. agents desired. What about the Fourth Amend-
l ment’s guarantee that the people shall “be se-
I WANT TO refer briefly to a speech made Cure in their persons, houses, papers°?” The fur-
over the radio a few evenings ago by Senator ther prohibition against “unreasonable searches t
Joseph T. Robinson of Arkansas. In his ad. and seizures” was ignored in this bi1l.· o
dress the Senator made this amazing declara- The Supreme Court held that the Fifth Art1- n
tion: cle of the Bill of Rights was violated in the
"In the whole United States there is not a Frazier-Lemke Bill and the Railroad Pension
single individual who can honestly and truth- Act. That Amendment provides that “no per-
` fully charge Franklin D. Roosevelt with advo- soon shall be depr1ved of l1fe, lrberty or property
eating the suppression of freedom of speech, w1thout due process of lawi nor shell pr1vate
freedom of the press, freedom of assemblage, property he taken for public use without just F
freedom of worship, or any of those other basic compensat1on.” Is that guarantee so insignifi-
rights guaranteed to us in tho immortal Bill gf tttttit that the Senator from Arkansas overlooked
Rights.” tt?
The Senator is 50 er cent right. The Pres- A _
ident has advocated the suppression of only hss DISTINGUISITED iewyers here Ptibiieiy er-
out of the ten articles in the immortal Bill of pmssod the oplmon thai tho Nmth Article of
Rights. I suspect my friend from Arkansas has ° th? BIH of Rlghts was Vwlotcd oy tho now no-
not been reading the newspapers, has not stud- tonouo Petete Act of tooo Bmooy the Aet IS
ied recent decisions of the Supreme Court and rogorood oonorouii as gwmg to tho Fooorol Gov-
ns. forgotten his lessons in as Constitution. eremeet Hehe were     te the reerie
The whole act is so unsavory that even the Ad-
F ministration has now repudiated it, although the
IN THF FIRST pieee the First Amendment ei President approved the measure by signing n. a
the Constitutions guoreoteeiogs among ether Pre' Lawyers contend that it also violates the Fifth
· ‘ cious liberties, the freedom of the press, was and Tenth Attieies ef the Biii ei Rights

 The Tenth and last Article of the Bill of
Rights Wah held by thh shphhmh com h few t $PorE of the hsvhamd Way m Whmh this
Weeks ago to have been violated by the AAA T legislation has been passed by Congress, but do
act, which it declared unconstitutional. It in- not aSSumc’fg${1t1$ll;1€n’h;hat Iheig h;S£1°;b$P
vaded the ri hts of the States. a very care u Y Dug Ou P an 6 m ls
So there sgand five out of ten Articles in that legislation H you go back t? the Very twgim
hhimmortalw Bill of Rights Whose Suppression ning and take each act successively, ydu w1ll see
this Administration has advocated. If we had that they are all Parts ttf a Very dttftmtc wh01_C’
lost those five guarantees of liberty we should no thdt each one has Pad tts 0Wn_ POSIUVC Place m
longer be able to can Ourselves 100 PCI Cem bringing about a s1tuat1on which would change
hmhhhhhh. wh should have th hh hhhthhh with tha Whole farm and ·>¤¤*¤¤* *;**6 <=<·¤*<=X*_·>f the
being 50 per cent Americans, marked down Qllglcliliint gsljsjnlgcntgt loan tht? in mifang
from 100 Cr Cem. a e asn een e in eac o
Scnatorpfiobinson P1, OP Crly calls the Bill of i them a very definite, concerted and careful plan.
Rights “immortal.” But it is not “immortal” if
T ouY administration-: under ouY Pteu of emer‘ N OW WHAT about this platform to which I
geueY» meV deStroY tt- The SuPreme Court is ‘ referred a while ago that was written here in
W the bulwark that has protected it against its Chicago in 19322 ML Rooscvgltts defenders Say
euerutee- AttemPtS to Plow under the CouStitu‘ that it has been impossible for him to live up to
 ; ttou by nullificativn and usurpation Shall not that platform because of the seriously changed
i PreVeu· Neither Shall the Present ettort Suoooed conditions that have taken place in this country.
in Ptowtug uuder the SuPrerue Court- Particularly is that plea made with reference to
this orgy of extravagance that has characterized
, his administration.
t..ZPS§€h°i.°2h1Zt$§Z`§§Z.Z§ZtZiF.Zg$hi.iE§i§F.i?ZZ h h€’j;ug;jajj;ra1‘a;*g; f·=ggj;i;¤;9;_';;t grgyjgd
initially, and each one of these acts in a long distinctl Thcgc was a mm on Om; banks her; y
d prelude would cite the emergency that existed in Chic;.0 a mm that GXCB t if certain V6
as a justification for the passage of the act. d H . g ° h ° k P . ht h 1 Ig
Some of them, a few of them, had definite time E mm Step? t it were ta Bm Pug ave C (isc
limitations placed upon them. NRA, for exam- Bvcrfdlilank in t (E ;;)¥7n’ and 1*8 gcvgilifratlons
ple, was to be limited to two years. The AAA Won dive tlfien BY ml; OPC cn Od dis (fmt-
T was to be limited to the period of the emer- _ try to C 0 .6L our usmcss an C usb
a , ness of America the latter part of June of 1932
gcncw but thc Pmsldcnt was to declare when was at the lowest ebb. It was in those circum-
thi;§;n;I];§;;1ggn;;?;{;1crgcncy’ emergency, was ( gances, it. was; upder those conditionsfghat {he
given as the excuse for each one in turn. T Cmocmuc P at Grin Was. Wrmcm . at P at-
What have we seen, however, within the last A form plciiiggi the gmlilcdlatc gximlsi of cclglt
year? We have seen the statements successively, T 31;;% tgf ioicle; iliagczlgn I;} cm; Bm cxpcn 1-
first about the NRA, then about the AAA, then N .f I { lib k ` { t
. about this, that and the other thing, that they OW° 1 youhp cased. (fr chsa C of arguglig °
i were to be made permanent. The illusion of contend that t C con mom t at lion rome L
emergency dispcucd if you Please the pmtensc Roosevelt after he became President. were far
_ of emergency aban ({0116 d ’ more desperate than those that prevailed when
` the platform was written (though I personally
16 17
 7 P i

 do 110t think S0), he Sta1`t€€1 011t ma€1111'1C€mitY rific changes that made necessary a change of
with 1118 E00110mY B111- But by 1116 Summer Ot policy, according to the Roosevelt defenders-
1933 his policy WaS entirely changed- 1 think after those words, within three months, Franklin
there is no man who Can 0011t€11€1» 111 faittmsse Roosevelt had deliberately wrecked the founda-
that 110111 lt/1a1`0h 10. 1933 to July 1, 1933, there tion upon which he had based the economy
ltlad ITCCI]. 3 I°CtI`OgY€SSlOH, SO far 38 buSlH€SS is Incasurg and had ontorod upon an Orgy Of Spend.
concerned. On the contrary, according to every ing Such ag had no eounterpart in the history
spokesman for the Roosevelt administration, of any nation from the beginning of the world,
tl1Cr€ WaS a great l1’I1prOV€In€nt within that You gentlemen representing the Bondrnen°5
period, and I agree with that claim. Club of Chicago are quite as familiar as am I
I with the situation that now confronts this nation
LEAVE out the Chicago platform, if you in its accumulated deficits. And while unfor-
please, ood let’s eee what Mr. Roosevelt himself tumtely there iS_¤¤ Way m_wh1<>h the Supreme
Said OH March 10, 1933, to the Congress Of the ; Court can assist 1n preventing a continuance of
United States. After enumerating the successive tuts utter Waste Ot Your m°u€Y t’Y an tt`t`€SPOu'
j deficits of foul, Years, On March 10, 1933, hc sible national administration, yet you and the
made this eretemeot: eirhoe we shall have piled , rest of the imple Of the Umted States have the
up an accumulated deficit of $5,000,000,000. temuuy tu Your Owu huuuS·
With the utmost seriousness I point out to the it
Congress the profound effect of this fact upon IF [ AM any jlldgg of Public opinion in Amor.
I our national economy. It has contributed to ica, the era of sanity is about to return. If I
the recent collapse of our banking structure. It am any judge of public opinion, the hard eoin.
has accentuated the stagnation of economic lite mon sense of America is about to reassert itself.
of our people. It has added to the 1‘anl