Undermining the Constitution -- A History of Lawless Government, by Thomas James Norton -- INDEX

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AGRICULTURAL ADJUSTMENT ACT, 1933

used to devalue gold dollar, although held unconstitutional 133

AMENDMENT TO CONSTITUTION

a proposal give Congress control young workers rejected, 88

badly reasoned proposal to amend respecting election president, 287

for Ultimate Court, the People, not the Judiciary, 61

Income Tax proposal quoted: "graduation" not mentioned, 60

interpretative suggested curing governmental wanderings, 50, 251

Seventeenth proposed by Congress changed House of States, 11

Sixteenth proposed common tax with one rate, 60

Supreme Court should not amend Constitution, 23, 126, 127

Washington cautioned against innovations by amendment, 11

AMERICAN BAR ASSOCIATION

appointed committee opposing recall successfully, 4

and other associations inactive while dissenting justices stood ground, 241

concerted effort Bar Associations needed for better judges, 241

found Constitution required in only 8 of 25 universities, 26

ANTI-TRUST LAWS

Sherman Law and supplements adequate against monopolies, 99

Sherman Law and supplements adequate against monopolies, 98

ATTORNEY GENERAL

wrote book defending attempt at court-packing, 25

BANKS

neither bank nor corporation mentioned in the Constitution, 102, 103n

creation National upheld by Marshall to aid governmental functions, 103n

how one bank grew to thousands, 107

living largely on tax-exempt Public Debt, 73

how one bank grew to thousands, 107

BAR ASSOCIATIONS

failed to object sufficiently to unconstitutional proposals, 47, 241

should compel appointment seasoned jurists Federal courts, 242

tongue-tied while four dissenting justices stood ground, 241

BILL OF RIGHTS

interpretation 160 years rejects idea States affected by, 234

of what it consists, 231

held no general rule applying provisions against States, 225

not one article of lies against the States, 225

States prepared Bill of Rights against Federal Government, 184, 210

BREWER, JUSTICE DAVID J.

dissented as to all inequalities in Taxation, 77

BROWDER, EARL

his statement explaining Communism, 174

said Communism promoted by strikes, 172, 175

BRYCE, JAMES

praised principle of agency in Constitution as greatest conception, 133

quoted on "Encompassing power of numbers," 263

said Congress dashes against walls of the Constitution, 88

tribute to members Constitutional Convention quoted, 11

wondered why President's office has not big men, 254

BUREAUS

General Eisenhower quoted on extraordinary growth dangerous bureaus, 113

Hoover Committee said "billions" could be saved, xi, 104

1800 in Executive Department under President, xi

propagandizing power has become dangerous, 127

salaries for Soil Conservation alone 24 million a year, 206

Secretary Morgenthau for sending to Far East foodstuffs in storage, 158

table showing unbelievable accumulation in storage, 159

wires crossed: importing food stuffs, in storage at home, 158

CHASE, CHIEF JUSTICE SALMON P.

explained meaning due process of law, 235

said we have "an indestructible Union, composed of indestructible States," 201

CHILD LABOR AGITATION

Department Labor reported 1920 no objectionable child labor, 84

less child labor when National Labor Relations Act passed, 85

two laws failing, Congress proposed amendment, 88

proposals immediately rejected in legislatures 20 states, 88

unconstitutional tax on salary Federal Judges followed labor decisions, 89

acts to suppress under Commerce Clause invalid, 83, 87

act taxing produce workers held not for revenue, 87

Governor Roosevelt denounce misuse of Commerce Clause, 86

President Roosevelt urged adoption proposed amendment, 88

CITIZENSHIP, NATIONAL AND STATE

Fourteenth Amendment shows citizenship in State and Nation, 212

both citizenships for Negroes conferred by Fourteenth Amendment, 212

National held violated by Nevada law taxing interstate travelers, 226

National held violated by law of Maryland taxing importer, 226

Slaughter-house Cases involved State citizenship: no Federal question, 227

Justice Washington quoted on State citizenship, 227

before Civil War no local claim for Federal protection, 228

claims under State citizenship outside Federal Government, 228

some privileges National citizenship mentioned, 228

court rejected theory Fourteenth Amendment designed to handicap States, 229

in Slaughter-house Cases court rejected National control States, 229

CLEVELAND, PRESIDENT GROVER

advocated strict construction of the Constitution, 13

defended against Senate "dignity and vigor" of Executive, 43

vetoed bill for "Federal Aid" to drought area, 194

on "partitions" between National and State Governments, 194

COMMERCE CLAUSE

favorite cloak Congress for years invade States, 252

Governor Roosevelt denounced "stretching" of, 86, 97

quoted and explained, 97

"stretched" to justify Packers and Stockyards Act, 1921, 96

importance of commerce dating from Magna Carta, 1215, 164

Edmund Burke on importance American commerce, 165

design of Constitutional Convention to make commerce free, 165

COMMUNISM

abolition private property one objective, 57

aims at political control by proletariat, 57

amazing that party legally recognized, 58, 176

can be met only by superior doctrine, not arms, xiii, xiv

defined according to Karl Marx, 57

promoted by strikes, Browder said, 172, 175

weapon of, "graduated" income taxes, 57

Karl Marx quoted and Manifesto 1948 cited, 56

quotations from writings of Karl Marx, 57

first "American way of life" in Plymouth Colony, 58

Lenin quoted on method in Russia, 58

Governor Bradford on failure Communism at Plymouth, 59

American spirit called "wealth" by Hamilton, 59

CONGRESS

legal scholar of Convention explains limitations on powers of, 190

abandoned to President authority to write laws, 183

acts must be in "pursuance" of Constitution, 20

attacks on Judiciary of the Constitution, 14

boundaries to Congressional power stated by Madison, 186, 187

by Norris-LaGuardia Law oppressed employer, 46

Constitutional Convention denied it power over Judiciary, 41

created unconstitutional Reconstruction Finance Corporation, 110

declared "emergency" for seizure gold property, 135

enacted invalid Maternity Law for children and women, 91

favored findings Interstate Commerce Commission unduly, 44

guilty of perpetrating first American coup d'état, 135

without authority from Sixteenth Amendment to "graduate" taxes, 63

preferred coup d'état to constitutional procedure, 76

Hamilton said powers limited to enumerated subjects, 255

influenced too much by social theories, beyond powers, 62

its "graduated" income taxes not authorized by Amendment, 60

men of old-time stature are missing, 90

misuses Commerce and General Welfare Clauses, 252

National Labor Relations Act disguised by Commerce Clause, 161

persistent disregard of Tenth Amendment, 163

possesses no judicial power, as such, 41, 44

powers limited to enumeration, sec. 8, Article I, 186, 187

repudiated gold contract in bonds of the United States, 136

"Rubber Stamp" title was earned by it, 183

Social Security Act not warranted by Constitution, 195

should have repealed income-and estate-tax laws, 76

Tennessee Valley Authority cloak for establishing Fascism, 112

former minister to Denmark quoted on deterioration of Congress, 257

CONSTITUTION, THE

adopted by Canada, Australia, Argentina, Brazil, and others, xiii

defines "Supreme Law of the Land," 19

first system successfully to control man in power, xiii

gives no authority for Social Security Act, 195

guarantees Republican form of government to States, 7

most important of original objections to, 184

National Labor Relations Act misuse of Commerce Clause, 161

President Cleveland advocated strict construction, 13

provides just method for soil conservation, 205

States will compel thorough teaching of eventually, 50

study of indispensable to survival of Republic, 10, 255

CONSTITUTIONAL CONVENTION, [ Madison's Notes]

task accomplished never attempted in world before, 296

tribute by Senator Hoar to unprecedented achievement, 298

contended that large territory requires Republican system, 4

denied authority to Congress over Judiciary, 41

feared such legislation as Social Security Act, 185

feared such legislation as Social Security Act, 272

for government by representatives instead of crowd, 272

Hamilton quoted on its ideas for choosing President, 272

planned for statesmen in two chief offices, 275

proclaimed sanctity of public debt, 139

set up representative system in all departments, 7

several members refused to sign instrument prepared, 185

sought to prevent "cabal, intrigue, and corruption, 264

theory respecting House of States given, 11, 12

tribute of Bryce, members belonging "to history of world", 11

members of explained fully operation of courts, 17

COOLEY, JUDGE THOMAS M.

quoted against police power in Congress, 184

advised courts to read and apply law by its history, 218, 219

said exemptions from taxation not legal, 72

tax should be "in proportion to the interest secured", 64

COOLIDGE, PRESIDENT CALVIN

said taxes not needed in economy are "legalized larceny", 56

CORRUPT PRACTICES ACTS

Congress forbade Roosevelt's method of gathering funds, 279

Laws of forty years have proved futile, 277, 278

not necessary before National Nominating Convention, 260

reveal discreditable and tragic situation, 280, 281

COUP D'ETAT, THE

Emergency Banking Relief Bill for seizing people's gold, 135

seizure field of relief by Social Security Act, 69, 70, 75

DEBT OF GOVERNMENT

vast repudiation by devaluation of dollar, 136, 137

"profits" to Government from repudiation, 137

Chief Justice Marshall quoted on honor in debt, 138

Hamilton said government cannot change its contract, 139

Constitutional Convention declared for payment of debts, 139

"sacking" of people done with insolence, 140

DELEGATION OF POWER

in violation of law, Congress authorized President to devalue dollar, 133, 134

Congress must declare method and policy for administrative cases, 135

administrative and legislative functions distinguished, 135

DEMOCRACY

adopted after panic and several crop failures, 5

Initiative, Referendum, and Recall explained, 3

Introduced in 1893 from Switzerland, 3

not suited to large areas and populations, 4, 13

spread of un-American idea still persisting, 8

why Constitutional Convention rejected told in "The Federalist", 8

insistence upon "more democracy" for half century alarming, 53, 290

battle is between the Republican and the Populist forms, 290

DEPARTMENT OF JUSTICE

Demonstrated industrial disputes are for courts, 35, 36

DILLON, JUDGE JOHN F.

lectured on Constitution at Yale half century ago, 130

quoted whether Judiciary could resist popular demands, 130

denounced decision in Oleomargarine Case, 176

DIVORCE

States delinquent in not regulating, 93

principle of regulating set by Massachusetts in 1903, 93

North Carolina law regulating held valid, 94

decree void where no real domicile, 94

DUE PROCESS OF LAW

Justice Brandeis on "procedural regularity", 235

in Fourteenth Amendment relates to law of States only, 226

in States regulated by law of States, 235

Magna Carta quoted on, 235

application of illustrated, 236

Justice Miller quoted on misapplication to Fourteenth Amendment, 237

explained by Justice Moody in Twining case, 235

in Fifth Amendment restraint on National law, 235

EISENHOWER, DWIGHT D.

on "a creeping paralysis of thought" bringing dictatorship, 112

EMERGENCY

assumed to justify National Labor Relations Act, 163

Bank Act 1933 for seizure gold of American, 135

"Does not create power" - Supreme Court, 135

receives no recognition in any provision Constitution, 135

using to seize power began with devaluation of dollar, 135

Chief Justice Hughes quoted respecting, 134

made excuses by Congress for invading States, 162

NLRA upheld, overriding decisions for half century, 162

ESTATE OR INHERITANCE TAX

"Recrudescence of Feudalism" says English authority, 79

Spanish War tax and "graduated" income effective, 76

Causes break-up or sale of sound properties, 79n

See PROPERTY Pty

EXECUTIVE DEPARTMENT OF PRESIDENT

contains 1,800 different administrative units: Hoover Committee, xii

"billions - not millions" unnecessarily spent, xii

on payrolls, 3,400,000 in 1945, 262

propagandizing aggressive and dangerous, 88, 117

protected "in all its dignity and vigor" by Cleveland, 43

third and fourth terms made possible by payrollers, 262

EXEMPTIONS FROM TAXATION UNCONSTITUTIONAL

held by Supreme Courts of several States Unconstitutional, 72

law in New Jersey exempting new buildings held void, 72

Judge Cooley quoted in condemnation of exemption from tax, 72

President and other officials in Washington enjoying exemptions, 73

colossal properties illegally exempted from taxation, 74

enormity of prejudice to overburdened taxpayers, 74

wrong should be righted by representatives of guilty States in Congress, 75

at violence to all constitutions, 72

Justice Brewer dissented in all exemption cases, 77

Justice Field predicted (1895) present disastrous result, 73

banks, trusts, universities enjoying exemptions, 75

FAIR LABOR STANDARDS ACT, 1938

held to warrant police control in States, 185

FASCISM

defined by showing, 22

corporations of Italian system, 38n

long time coming; now well "dug in", 39

by Tennessee Valley Authority Fascism introduced in government, 112

did General Eisenhower see Socialism and Fascism coming? 112

thrust upon Tennessee Valley by "planners", 132

many Fascist corporations manufacturing electric power, 111

Tennessee Valley Authority planned before election 1932, 132

origin of term, a Roman recollection, 38n

corporation of Fascists to take over private business, 106

FEDERAL AID

poured out illegally in floods to States and individuals, 108

bill in early Congress aiding fishermen: Madison defeated, 188

President Cleveland vetoed bill giving seed grain to farmers, 194

press dispatch told that King of Hoboes favors, 197

FEDERAL EMERGENCY RELIEF ACT, 1933

first American coup d'état, revolutionizing Government, 76

instead, repeal tax incomes and estates indicated, 75

FEDERAL SURPLUS COMMODITIES CORPORATION, 1933

authorized by U. S. issue bonds 4 billion, 750 million, 155

charter for "perpetual existence", 150

dumped 14 carloads spoiled eggs in 1944, 153

"ever-normal granary" fed wheat to pigs, 154

for relief farm emergency by expanding markets, 151

one of many corporations borrowing and spending, 157

sold at heavy loss 26 carloads eggs for hog feed, 153

subsidies in 1949 over 500 million, 157

to process, store, handle surplus agricultural commodities, 151

to act "without restriction or limit", 149

War Food Administration lost $150,000 on eggs, 153, 154

incorporated in Delaware by two cabinet members and another, 150

tip-top corporation of Fascism, 151

incorporated for all time with world-wide powers, 151, 152

no activity of FSCC authorized by Constitution, 153

vast waste of grains and food-stuffs, 153, 154

capitalized for $100,000; stock owned by U. S., 155

subsidies to favored classes 15.5 billions in 17 years, 155

President Jackson quoted on leaving business to business men, 156

table showing some astonishing losses of taxpayers' money, 157

Former Secretary Morgenthau proposed sending stores to Near East, 159

he revealed an unbelievable amount and value in storage, 159

FEDERALIST, THE

by John Jay, Alexander Hamilton, and James Madison, 186

denies power for Social Security or other police action, 188

most brilliant work on philosophy of government, 186

says Senate would bar invasion States by Nation, 54, 162

FIELD, JUSTICE STEPHEN

denounced as unconstitutional exemption from taxation, 73

said Fourteenth Amendment does not touch State police, 237

FIRST AMENDMENT (RELIGION, PRESS, SPEECH, PETITION

correct interpretation given, 228

non-Federal questions occupying Supreme Court, 229

not rewritten or absorbed by Fourteenth Amendment, 287

erroneous theory of Court on freedom of Press, 220

decision based on irrelevant cases, 221

legislation of Minnesota was sound, 223

four justices dissent, quoting Chief Justice Marshall, 223

Supreme Court avoided applying to Press, 232

history underlying this amendment related, 218

in School Case Illinois did not violate, 218

decision in Illinois School Case affected 2,000 communities, 219

held effective against States through "liberty" in Fourteenth, 220

Supreme Court Minnesota upholding law against libels reversed, 220

FOURTEENTH AMENDMENT, 1868

"liberty" in does not connote religion or Press, 213

analysis of and citation decisions, 214

written without thought of religion or press, 214

Supreme Court employs "latitudinarian construction", 213

Due Process in relates to processes under State, not National, 226

rights of State citizenship not protected by, 227

held not confer right National citizenship generally, 227

held to authorize United States to manage Georgia, 232

regulation oil production by Texas held denial Due Process, 233

Justice Field quoted that it does not affect police power, 237

Justice Miller quoted on misapplication Due Process, 237

review of decisions sustaining invasion of States, 238

cases holding State laws not controlled by Slaughterhouse, 227

decisions under in disagreement, 239

does not control police power of States, 229

erroneous application in Illinois school case, 218

First Amendment not rewritten by it, 232

Judicial assumptions cannot alter application First Amendment, 221

many police regulations of States overturned, 184, 240

misconstrued in Minnesota Press case, 219

used by courts for dealing with non-Federal questions, 229

GENERAL WELFARE CLAUSE

Hamilton said Congress limited to enumerated powers, 189

Supreme Court ignored history and precedent, 195

Wilson and Baldwin, of Constitutional Convention, explained, 189

adoption Constitution resisted: this Clause said to be unlimited, 186

Madison explained clearly limitations of power under, 186, 187

Jefferson's brilliant elucidation of General Welfare, 191

early interpretation of should be respected, 192

acts of New Deal listed which Jefferson would condemn, 193

Senator Benton of Missouri condemned "latitudinarian construction", 193

President Cleveland vetoed bill for aiding farmers, 194

Social Security Act erroneously sustained under General Welfare Clause, 195

held not to support Agricultural Adjustment Act, 200

this Clause and Commerce Clause cloaks for Congressional marauding, 252

GOLD DOLLAR "CLIPPED," 1934

authority to President in Agricultural Act, held unconstitutional, 133

bondholders thoroughly "frisked" by Government, 142

by "directive" President cut 25.8 grains to 15-5/21, 135

Congress abdicated to President power over coinage, 134

Congress declared "emergency" required seizure of gold, 135

Congress recognized damage done by repudiation, 143

Constitutional Convention proclaimed debt would be paid, 139

Hamilton on promises of a borrowing government, 138

Madison on morality in relation to public debt, 139

Marshall, Chief Justice, on seizing property individual, 138

President given by Constitution no authority over coinage, 134

"profits" gained by United States and States, 137

Secretary Treasury boasted on radio of "profit" made, 145

Senator boasted of wealth to be "transferred" from holders, 144

all gold and gold certificates seized from Americans, 135

Congress repudiated gold contract in its bonds, 135

vastness of debt repudiated, 136, 137

Supreme Court held contract inviolable; but no remedy, 141, 142

four dissenting justices found aid to farmer the purpose, 143

usefulness of Gold Clause stated by dissenting justices, 145

dissenting justices said "legal and moral chaos appalling", 149

GOVERNMENT, PRINCIPLES OF

are not outmoded; first to chain man in power, xii

Constitution written to limit powers, 20

conflicting decisions of "inherent powers" cited, 20, 21

purpose of Constitution to exclude "inherent powers," 21

most "problems" in United States caused by Government, 60

"new thought" is bringing forward "inherent power," 20, 291

no power that is not granted by Constitution exists, 21

scientific, or based on classified knowledge, 254

GOVERNORS OF STATES

complained in convention that President ignored them, 177n

had failed to stand for sovereignty of commonwealths, 178

yet their hands are out for "federal aid," 178

GRADUATED TAXES UNCONSTITUTIONAL

equality of treatment removed by Income Tax Amendment, 61

fallacious belief in property expressed by Supreme Court, 76

instrument of Communism for confiscation, 56

not called for in Sixteenth Amendment, 60

President Roosevelt advocated confiscation incomes by, 65

in 1908 Socialists demanded "graduated" income tax income tax , 54

first act Congress employed graduation: not in amendment, 54

States drained of needed revenue by graduated tax, 55

graduation not applied to any other property, 64

cases cited showing graduation wrongfully adopted by Congress, 67

condemned by Supreme Courts of several States, 69

very slight in Civil War laws, 70

graduated income tax adjudged war measure by Congress, 71

fallacy of Supreme Court in sustaining, 76

dissent by Justice Brewer to all graduations, 77

State Supreme Courts understood subject clearly, 77

decisions Supreme Court upholding on incomes and estates unsound, 80

Lawless Government Resulting From, 80, 81

HAMILTON, ALEXANDER

said constitutional election would insure able Presidents, 275

stated limits on power of President, 255

believed "abuse of power taxation" guarded against, 61

Congress must "pursue" lines of Constitution, 20

explains Constitutional Convention's ideas on choosing President, 272

had great hope in House of States, 11, 12

Judicial powers expounded, 17

quoted on making government "control itself," 299

quoted respecting Gold-Clause repudiation, 138

said Judiciary, without initiative, needs protection, 49

thought States would resist National encroachment, 54, 162

quoted against unlimited national power, 189

HOAR, SENATOR GEORGE F.

beautiful tribute to spirit of our Constitution, 298

corrupt cities drag States to corruption, 91

heard Webster tell Supreme Court he had voted against each, 12

quoted on need of statesmen jurists on the Bench, 229n

said old-time members of Congress told White House what, 256

ILLITERATE WRITERS

attack Judiciary on the Constitution, 16

INCOME-TAX AMENDMENT

Sixteenth Amendment did not propose "graduation," 60

gave Nation most corrupting form of power, 54, 55

money from took Congress beyond its constitutional field, 62

President Taft asked for plain income tax in 1909, not graduated, 50, 60

panic 1907 made "scrip" necessary for money, 50

in 1908 Socialists demanded "graduated" income tax, 50

"progressive" income tax advocated by Karl Marx, 53, 57

brought unintelligent relinquishment by States of their power, 54

income tax not "graduated" is desirable, 54

first act Congress employed "graduation": not in Amendment, 54

States drained by "graduated" tax of needed revenues, 55

intended only to meet decision on tax 1894, 61

gave Congress no new power to tax, 61

money in excess caused lawless government, 62

people showed no enthusiasm for, 63

men and money retired to enjoy tax exemptions, 68

cases cited showing "graduation" wrongfully adopted by Congress, 67n

States should repeal and resume control of their treasury, 75

INITIATIVE, REFERENDUM, AND RECALL

ideas borrowed by North Dakota from Switzerland, 3

recall judicial decisions rejected by Colorado, 4

Kansas limited recall to appointed officials, 4

initiative never extensively used and now seldom heard of, 4

introduced after bank panic and crop failures, 5

where language of Constitution clear, no place for explanation, 68

imported from Switzerland in 1893, 3

spread of the evil idea of "Democracy," 8

idea behind, threatening constitutional Presidency in 1950, 289

INJUNCTIONS

American's right to crippled by Norris-LaGuardia Law 46

Blackstone quoted on right to and how obtained, 47, 49

labor organizations often benefit by writ of injunction, 27, 28

long line decisions deny charge courts disfavor labor, 27, 171n

long-standing Rule Supreme Court gives all full protection, 49

INTERPRETING CONSTITUTION

Senator Benton of Missouri denounced "latitudinarian construction," 193

INTERSTATE COMMERCE COMMISSION

findings partially immunized by invalid Act Congress, 44

needlessly wiped out property railroad stockholders, 45, 46

threats in Congress of impeachment, 46

President never appointed big men of commerce or industry, 45

JACKSON, PRESIDENT ANDREW

quoted on government keeping out of business, 156

JEFFERSON, THOMAS

predicted formidable power in the President, 255, 257

said Tenth Amendment real body of the Constitution, 192

wrote brilliant exposition General Welfare Clause, 191

feared "perpetual re-eligibility of the President," 257

JUDICIAL "LEGISLATION"

expansion or diminution Constitution our greatest peril, 207

Supreme Court struggles to put First Amendment in Fourteenth, 207

search for the unperceivable, 208

"Liberty" in Fourteenth Amendment not "religion" from First, 213

people, not courts, must blend the two Amendments, 215

misconstruction of Fourteenth Amendment has overloaded Supreme Court, 215

State Republics invaded by National through judicial interpretation, 215

using school buildings for religious instruction held unconstitutional, 215

Supreme Court Illinois held such use lawful, 216

decision overruling Supreme Court Illinois absolutely untenable, 216

analysis of decision and constitutional provision, 217

history of Fourteenth Amendment ignored in decision, 218

religious persecution underlying First Amendment shown, 218

decision in Illinois school case affected 2,000 communities, 219

held First effective against States through "liberty" in Fourteenth, 220

appointees to Federal courts should be seasoned jurists, 242

Chief Justice Marshall showed how to avoid danger, 209

disagreements among justices of Supreme Court, 209

distinction between National and State citizenship, 212

each State a Republic, supreme locally, 6, 7

First Amendment not rewritten or absorbed by Fourteenth, 214, 215, 216

Fourteenth Amendment quoted and explained, 212, 215

for Ultimate Power to change Bill of Rights, 210

frequent assertions become accepted law, 109, 219, 221

interpretative amendments suggested, 249

most dangerous to Constitution because insidious, 207

no amendment ever proposed to change application First Amendment, 227

Slaughter-house cases, New Orleans, leading authority, 227

State sovereignty not reduced by Fourteenth Amendment, 237

States upset by interference local affairs, 239

the question that has embarrassed the Justices, 234

Twining case followed Slaughter-house decision, 230

Justice Bradley on "mystifying" constitutional language, 217

Congress without authority to aid schools in States, 217

Cooley on history of words in law to be interpreted, 218, 219

fallacy in Supreme Court decision shown, 218

history of religion found in First Amendment, 218

Illinois case examined and law stated, 215, 216

Republic of Illinois competent to manage its affairs, 219

Supreme Court Illinois decided no violation Constitution, 216

theory decision rejected by, 140

years practical application, 219

what Supreme Court should have said in Illinois case, 217

wide effect of erroneous decision of Supreme Court, 219

JUDICIARY OF THE CONSTITUTION

Constitutional Convention intended statesmen foreseeing consequences of errors, 92

Constitutional Convention denied Congress authority regulate courts, 41

Congress has no judicial power to confer, 44

Federal courts should be replenished from State courts, 242

"The Federalist" said judiciary weakest Department and needs defense, 242

indefensible appointments by President and Senate shown, 241

accepted dictation from Congress; acts reviewed, 183

acted in defense of the Constitution in former days, 83

adequate in labor case when Government in comer, 169

attacked by President when war impending, 14, 38

attacks on by Congress, 39, 40, 43

attacks on by labor leaders, 19

attempt at court-packing in 1937, 23

Attorney General wrote book against, 25

bar should compel appointment experienced judges, 242

Congress taxed salaries judges since 1919: violating Constitution, 89

Congress taxed unconstitutionally salaries Federal judges, 89

equity power for injunction given by Constitution, 47

failed to resist attacks by Congress, 41, 43, 47

favorable decisions for labor, 27

industrial disputes justiciable, for courts, 171

injunctive power inherent, 47

"Keystone of American Arch," said Von Holst, 18, 242

power extends to litigation by States, 42

powers clearly set out by Hamilton, 17

recall of decisions of, by voters advocated, 4

salaries taxed after Child Labor decision, 89

will it maintain constitutional limitations? Judge Dillon, 130

JURY, THE

the Court of Last Resort for liberty -- "the Country,"
See also "Trial by Jury" by Lysander Spooner, 1852 87

LABOR AND COURTS

decisions of half century for labor cited, 30

"labor's gain" under President Roosevelt built on closed shop, 27, 28

workers have right to quit but not conspire for damage, 82

strikes during war gave "aid and comfort" to enemy, 33

strikes destructive of private enterprise, 33

courts can prevent destruction of property, 34

Debs Strike 1894 ended by injunction Federal Court, 35

seizure railroads and other property illegal with courts open, 35

ability courts to protect public shown in Communist cases, 36, 37

importance of "the country" to Americans in court, 37

Norris-LaGuardia Act denial of justice, 46

Blackstone quoted on principle governing issue of injunctions, 47, 49

ancient rule Supreme Court covered all requirements of justice, 49

United States forced to get injunction against strikers, 169

paramount interest public makes labor controversies for courts, 31, 169

Industrial Court of Kansas held unconstitutional, 170

labor controversy has ceased to be personal to parties, 171

industrial controversy handled at Washington with eye on elections, 172

Washington friendly to sit down strikes, 173

workers asked for injunction, bringing great illustrative case, 28

"collective bargaining" long before "New Deal," 29

favored by many judicial decisions, 27

National Labor Relations Act oppressive to industry, 175

organized attacks on Judiciary of the Constitution by labor, 19

questions solved by court when Government in corner, 36

LAW SCHOOLS

only 8 of 25 universities required study Constitution, 26

MADISON, JAMES

believed States would resist National aggression, 101

denied General Welfare Clause authority over States, 186, 187

on morality and the National Debt, 139

quoted on line dividing National and State powers, 182, 186, 187

set forth advantages Republican form of Government, 7

stated limited powers of the new Government, 7

assembled protests of States into Bill of Rights, 187, 188

fought and defeated "Federal aid" in first Congress, 188

MARSHALL, CHIEF JUSTICE JOHN

creation National Bank upheld by Marshall to aid Government, 103n

quoted on honor in debt of Government, 138

said Congress cannot tax for purposes within States, 182

quoted on adhering to text of Constitution, 209, 265

quoted by dissenting justices in Minnesota Press Case, 224

held tax of Maryland on importer violation National citizenship, 226

quoted on power of people in States, 231

quoted on relation of Nation and State, 224

quoted on seizure gold by United States, 138

MARX, KARL

advocated abolition of estates passing at death, 56

"graduated" income taxes for confiscating property, 56

stated theories and purposes of Communism, 56

MATERNITY ACT, 1931

authority over women sought by unmarried, 91

cost 11 million and accomplished nothing, 92

police field of States invaded by Congress, 91

Supreme Court avoided passing on Constitutionality of, 92

McREYNOLDS, JUSTICE JAMES C.

exposed fraudulent pretenses Tennessee Valley case, 123

"moral and legal chaos appalling," in Gold Clause cases, 149

MINNESOTA PRESS CASE

Act Minnesota stopping libelous publications valid, 220

"assumption" of predicate too often employed, 221

"authorities" relied on by Supreme Court examined, 221

case in Illinois preceded by case in Minnesota, 219

decision against 70 years application First Amendment, 223

each decision cited by Court invasion of State, 221

fallacy in reasoning Supreme Court, 224, 225

first definite trespass on State authority, 220

local government Minnesota overturned, 220

Chief Justice Marshall on relation State and Nation, 224

statement by dissenting justices, 223

Supreme Court held State violated First Amendment, 220

MONEY

Constitution quoted respecting power given to Congress, 22

dangerous power in hands of Government, 22, 81

Congress can spend only for specified purposes, 22

Constitution gives President no authority over, 134

opinion financial writers on content gold dollar, 141

Congress should have returned value for gold seized, 147

MUSSOLINI

Fascism by Italian structure now in United States, 36

set up 22 corporations for management of government, 39

NATIONAL DEBT

See Also Jefferson's Prophesy and
Reality, Economic Prosperity, & The Government Myth

Madison on morality connected with, 139

"profits" on gained by Government stated, 137, 145

United States repudiated part of its obligations, 136

vast increase in time of peace, 136

NATIONAL EDUCATION ASSOCIATION

favored "Federal aid" to schools; and centralism, xi

NATIONAL LABOR RELATIONS ACT, 1935

passed under cloak of Commerce Clause, 161

made a Nation of Union of States, 161

Hamilton could not see that representatives would diminish States, 162

"emergency" excuse for invading police field of States, 162

after Act strikes tripled in number, 167, 168

table showing number strikes by years, 167n

government of Wisconsin on lawlessness of strikers, 168

Department of Justice inactive respecting strikes, 169

four Justices Supreme Court dissented, 163

Government driven to comer by strikers, 169

Governor New York protested use Commerce Clause such cases, 164

Supreme Court, supporting, overrode long line decisions, 163

title denies law for regulation under Commerce Clause, 163

NATIONAL NOMINATING CONVENTION

long platforms promising everybody everything then unknown, 260

an author describes a saddening spectacle, 285

appalling consequences of Convention 1932, 284

Charles Sumner quoted against its methods, 261

dominated (1920) by senators and other officials, 270

evil instrumentality from delinquency of States, 267

first 11 elections without Convention or Platform, 259

instrumentality of "cabal, intrigue, and corruption," 286

non-delegate 2000 miles distant nominated F. D. Roosevelt, 286

no Corrupt Practices Acts before Nominating Convention, 260

Senator Benton, Missouri, denounced it in 1859, 261

States can abolish unconstitutional peril, 291

through "cabal" Roosevelt nominated in 1932, 285

NEW DEAL

all of its remedies were ancient failures, 53

unconstitutional in all its features, 53

put in effect platform National Socialist Party 1908, 52

a historic subterfuge for statecraft, 53

NORRIS-LAGUARDIA ACT, 1932

denied in practice employer's legal rights, 46

industry, winner of war, near friendless in Government, 47

OLEOMARGARINE

act of Congress restricting and overtaxing upheld, 175

law of Pennsylvania forbidding manufacture absolutely sustained, 176

decision in Pennsylvania case condemned by Judge Dillon, 176

act Congress repealed after 64 years (1950) legislative folly, 176

PACKER AND STOCKYARDS ACT, 1921

entirely needless; Illinois was in control of situation, 97

as governor, Roosevelt condemned such use Commerce Clause, 97

legislation superfluous and illegal; Sherman law adequate, 98

decision sustaining submerged long line of cases, 100

became precedent for National Labor Relations Act, 101

Madison believed States would resist such encroachment, 101

PAYROLLERS, EXECUTIVE

astonishing and steady increase of: 1800 bureaus, 113

numerous enough to turn Presidential Election, 113

trampled on customary law against third term, 259, 262

POLICE POWER IN STATES

Marshall held Congress cannot tax for State purposes, 182

power inheres in States and cannot be surrendered, 182

Judge Cooley quoted on inhering in States, 184

illegal Housing Act Congress aiding States upheld, 185

last word in Bill of Rights protecting police power, 185

Congress exercises under Fair Labor Standards Act, 185

not affected by Fourteenth Amendment: Justice Field, 237

POWERS OF GOVERNMENT

union of "very definition of despotism," xii

division of powers failed in Rome, xii

those granted to Congress by the Constitution enumerated, 293

"inherent" powers now coming to the fore, 20, 21, 29

PRESIDENT, THE

method of Convention would insure choice of big men, 275

appointments by governed by political considerations, 36

Constitutional election will clean out stables, 284, 285

peril in patronage shown by Senator Norris long ago, 276

President F. D. Roosevelt devised Thousand Dollar Clubs, 280

given no authority by Constitution over money, 134

Madison quoted on his limited field of authority, 255, 195

Jefferson predicted formidable power of President, 255, 257

Third term, fourth, and fifth owing to payrollers, 262

the "perpetual re-eligibility of" was frightening to Jefferson, 257

Press, by conferences, enabled President to reach dictatorship, 256

Senator Hoar quoted on time when President was shown the way, 256

political chief, nominating himself and his successors, 258

quotation from his secretary showing handling of nomination, 258n

payrollers in President's Department and families control election, 259, 262

popular election would be destructive of Republic, 259, 261

first eleven elections without farcical Nominating Convention, 259

Congress forbade one of his fund-raising schemes, 279

President Roosevelt by-passed Corrupt Practices Acts, 280

illegal power brings disregard of Constitutional restraint, 284

asked Congress for 22 enactments beyond Federal power, 293, 294

extraordinary call for unconstitutional acts provoked no criticism, 294, 295

Constitutional Convention intended and directed States elect President, 264, 265

PRESIDENTIAL ELECTION, THE

a careful plan against popular vote frustrated by States, 263

author quoted on senators controlling National Convention, 270

bargains by President should be unnecessary, 282

controlled by 3 million employees Executive Department, 113, 259

Corrupt Practices Acts consequence Nominating Convention, 260

Charles Sumner denounced (1872) Nominating Convention, 261

choice of executives greatest achievement at Philadelphia, 289, 290

clause for appointing electors quoted, 265

Constitutional Convention for Representatives, not crowd, 272

Congress forbade President's money-gathering method, 279

Convention 1932 and before what Philadelphia feared, 264

election 1948 proved popular vote real danger, 261, 262

evil consequences election 1932, 258

Roosevelt did not have full New York delegation, 1932, 286

Governors accused White House of ignoring them, 177n

great learning underlay at Philadelphia electoral plan, 264, 272

half electorate did not vote in 1948, 263

Hamilton quoted fully on idea at Constitutional Convention, 272

"interests" providing funds will remain interested, 281

in the promising future, 263, 264

issue is between Populism and constitutional Republic, 277

Jefferson on tyranny of the executive, 255

managed vote of corrupt cities sought, 259

members Thousand Dollar Clubs feted, inauguration 1945, 280

men of highest capacity could be selected constitutionally, 275

office-holders excluded from participation in election, 269

present political party system can be maintained, 283

"Populism" danger in Presidential elections, 277

slavery and Presidential election two "trials" Republic, 290, 291

unsound ideas commentators on constitutional method, 287

when Legislatures again themselves appoint electors, 256

certificate education in Constitution should be requisite to voting, 90

Senator Hoar quoted on conditions in States, 91

restoration of Australian ballot is imperative, 91

industrial disputes handled in view of, 172

first eleven without farcical Nominating Conventions, 259

no Corrupt Practices Laws necessary then, 260

States should resume control and follow Constitutional direction, 260

Presidential so farcical nearly half electors do not vote, 263

Bryce quoted on "the fatalism of the multitude," 263

corrupt election greatest fear of Constitutional Convention, 264

States put duty on themselves to elect President, 265

Marshall quoted on following letter of Constitution, 265

legislatures of States have abandoned election to politicians, 266

short ballot made bad situation worse, 268

methods of confusion in different States, 267

Federal office-holders forbidden to manage elections, 269

four senators dominated convention 1920; one became President, 270

States shown quite competent to nominate President, 271

Constitutional Convention feared "cabal, intrigue, and corruption," 274

statesmen, not politicians, sought by Constitutional Convention, 275

in 1914 Senator Norris predicted disaster from patronage, 276

in present conditions "popular" election would not be popular, 277

Corrupt Practices Laws for 40 years ineffectual, 277, 278

President Roosevelt by-passed Corrupt Practices laws, 280

candidates' conduct today compared with Cleveland's and McKinley's, 281n

Constitutional method would remove Chief Executive from politics, 282

men of highest capacity would occupy Presidential Office, 283

illegal Presidential power causes disregard of Constitution, 284

State legislatures should themselves appoint Presidential electors, 284n

badly reasoned proposal to amend Constitution, 287

people at home intended to make choice, 288

Hamilton and Jay quoted on this point, 288

proposed amendment would be futile and "democratic," 289

Presidential election and slavery two great trials: Senator Benton, 290, 291

removal of remaining peril lies with States, 269, 291

PRESS, THE

guilelessly contributed to President's rise to dictatorship, 256

PRIVATE INDUSTRY

assailed by Fascist corporations in many places, 125, 152

berated as for lese majesty when defending itself, 117

propaganda TVA and other Fascist set-ups fierce, 127, 128

selling out, fearing competition from taxpayers' money, 119

PROPERTY

history of man's right to acquire and transmit, 77

English Charter 1101 quoted showing right of inheritance, 78

English writer says estate tax recrudescence of Feudalism, 79

causes destruction of business at death in United States, 79n

erroneous idea Supreme Court on man's right to, 80

Hallam and Blackstone on man's inherent right to, 79

President F. D. Roosevelt would take by taxation, 56

private to be abolished by Communism, 57

scourge of unconstitutional taxation exhibited, 74, 81

stupendous volume illegally exempted from taxation, 74

Supreme Court's error root of tyrannical taxation, 80

RECALL JUDICIAL DECISIONS

American Bar Association took issue to country, 4

Colorado only State to adopt; held unconstitutional, 4

Theodore Roosevelt advocated; later repented, 4

to be by voters unlearned in law, 5

RECONSTRUCTION FINANCE CORPORATION, 1931

as not necessary to functioning Government, invalid, 110

at large with developments in Alaska, 152n

abolition advised by Hoover Committee in 1949, 104

flood of Federal moneys lent beyond national field, 104

resists proposal Hoover Committee for abolition, 104

String of non-Governmental corporations followed it, 108

patterned after Wilson's War Finance Corporation, 102

not warranted by any clause of Constitution, 102

only in aid governmental operations can corporation be created, 102, 103n

expended money illegally serving banks, railroads, etc., 103

now 30 Federal agencies lending money of taxpayers, 104

departed from purpose of domestic help; loans become world-wide, 104

in 1949 reported loans at all-time high, 105

5400 borrowers "touched" taxpayers for $416,000,000 - 1949 105

former head RFC said it would make bad loans, 106

REPUBLICAN FORM OF GOVERNMENT

Nation and States all given representative governments, 7

Madison quoted on restriction to Republican form, 7

fully and ably discussed in Constitutional Convention, 7

belief that it would control effects of factions, 8

frustrated by direct election of senators, 9

ROOSEVELT, FRANKLIN D.

third and fourth terms given by his payrollers, 262

totally lacking in knowledge of taxation, 55

proposed by tax to keep down incomes, 65

his argument for Fascist corporation, 117

as governor condemned misuse Commerce Clause for acts like NLRA, 163, 164

as governor against Federal interference in business activities, 86, 166

in fourth election by-passed Corrupt Practices Act, 280

devised Thousand Dollar Clubs to meet campaign funds, 280

not choice of his own state in 1932, 285

nomination of described in Stoddard's book, 285

nomination whole ticket "fixed" by long distance to California, 285

nominating convention refused unanimous vote, 286

advocated bills misusing Commerce Clause, 86

attack on Federal courts not first, 14, 38

attack on Federal courts not first, 56

his National Labor Relations Act misuse Commerce Clause, 163, 164

sent "must" bills to Congress, in manner of George III, 183

ROOSEVELT, THEODORE

displeased by decisions; advocated recall by people; repented, 4

RUBBER STAMP CONGRESS

abdicated money power to President, 183

accepted "must" bills from President, 183

enacted National Labor Relations Law, 161

passed Social Security Act, 179

passed Emergency Banking Act to seize the American's gold, 135

SCHOOLS

Congress without constitutional authority to give money to, 217

have neglected courses in Constitutional history, xi

lack of learning in Constitution dangerous, 10, 255

lack of scholarship caused Congressional attack on judiciary, 14

law schools blamable for lack of Constitutional education, 26

only 8 of 25 universities require Constitutional study, 26, 211

Missouri law requires teaching Constitution in schools and universities, 50

have failed to make America foresee coming evil, 81, 82

laws of 40 states requiring Constitutional education are dead letters, 89

erroneous belief prevalent that National Government should take over, 97

President Roosevelt's call for 22 unconstitutional acts provoked no criticism, 294, 295

only way to challenge Communism and other sophisms, 12

the peril of uneducated public opinion, 50, 294

SENATE, THE

capable men excluded by expenses of election, 10

illustrious examples of holders of long term, 10

"The Federalist" quoted on value House of States, 11

"The Federalist" quoted on Senate checking House, 12

House of States broken by Seventeenth Amendment, 1913, 9, 11

campaign for seat now too costly, 10

constitutional election was by legislature, 9

theory of Constitutional Convention stated, 11, 12

Webster on duty respecting President's appointments, 12

SHERMAN ANTI-TRUST LAW, 1891

Supplemented by Clayton Act and Federal Trade Commission, 98n

sufficiency of had been proved in many cases, 99

both parties for in campaign year: Senator Borah, 98n

SOCIAL SECURITY ACT, 1935

Constitutional Convention feared such legislation, 185

Cooley quoted on police power of the States, 184

did President Cleveland foresee such legislation?, 194

Hamilton said Congress limited to specifications, 189

Jefferson expounded General Welfare Clause brilliantly, 191

most complete abandonment of constitutional doctrine, 179

Nation has no constitutional interest in the subject, 199

no State would have ratified under other view, 192

States must provide care for those needing it, 199

Taxing and Spending Clause of Constitution quoted, 186

act based on error in law and fact, 75

comment of President Roosevelt upon signing, 181

many Presidents vetoed "Social Security" measures, 182

subjects covered by act for police power states, 182

Madison quoted on separation National and State powers, 182, 188

Congress cannot tax for State purposes: Marshall, 181

upheld in disregard history and learning on welfare, 195

Supreme Court erred on ability states to aid, 197

made permanent by court on "cyclical" depression, 198

decision upholding let Congress take "boundless field of power," 201

SOCIALISM

defined by demands National Socialist (NAZI) Platform, 1908, 38, 52

"New Deal" put Socialist platform in effect, 52

no authority for in the Constitution, 39

Supreme Court of the United States sustained it in North Dakota, 5

dependence on government brings unfortunate conditions, 6

SOIL CONSERVATION AAA

cloak of Congress to subsidize farmers, 202

grants by Congress in 1947 were 2.2 billion, 203

those subsidies supported prices of grain to $3, 203

conservation important, but not to Washington, 204

conservation deceiving term like National Labor Relations Act, 204

Constitution affords plain method for conservation, 205

bureaucrats administrating cost 24 million per year, 206

STATES, THE

Hamilton believed States would defend against Congress, 54

conference of governors complained of disregard by Washington, 177n

States blamable through members in Congress for conditions, 178

yet governors still want "Federal aid," 178, 179

representatives of States in Congress must take back Union, 180

did not intend to restrain themselves by Bill of Rights, 210

no restraint on by any article in Bill of Rights, 225

Marshall quoted on power of people in, 231

held no general rule applying Bill of Rights to, 232

self-incrimination provision Fifth Amendment not applicable to States, 233

toppled in groups by misapplication Fourteenth Amendment, 240

blamable for National Nominating Convention, 267

each a Republic independent in local affairs, 7, 224

education in Constitution should be made imperative by, 50

given benefit of National Judiciary, 42

House of States broken by popular election senators, 9

invaded by Stockyards Act, 97

legislatures elected senators to their House, 9

Madison said would rise against National encroachment, 101

must adhere to Republican form of government, 7

should abolish "straight ticket" in elections, 91

States alone must help the helpless, 211

when, only, Nation can enter States, 214

would not have accepted Constitution with Social Security, 192, 193

abdication of constitutional powers and duties by, 183

STRIKES

Communism active in American strikes, 174

Earl Browder quoted to that effect, 174, 175

public rights paramount where strike probable, 31

strikes during war gave "aid and comfort" to enemy, 33

strikes destructive to private enterprise, 33

Debs Strike 1894 ended by injunction Federal Court, 35

President stopped strike 1946 by getting injunction, 36

United States forced to get injunction against strikers, 169

after National Labor Relations Act strikes trebled in number, 167, 168

table showing number strikes by years, 168

government of Wisconsin on lawlessness of strikers, 168

Department of Justice inactive respecting strikes, 169

courts have shown capacity to handle disputes right, 34, 36, 37

no right in law to concerted strike in large employment, 171

public interest makes controversies justiciable, for court, 31

sit-down strike not disfavored in Washington, 171

SUBSIDIES

appeared in first Congress: Madison opposed and defeated, 188

between 100 and 150 million in eggs by WFA not wanted, 153, 154

"ever normal granary" - fed wheat to pigs, 152

FSCC dumped in 1944, 14

carloads spoiled eggs, 152

purchased 10,500 carloads eggs to support price, 153

sold at heavy loss 26 carloads eggs for hog feed, 153

total reported for 17 years, $14,571,060,000, 155

Washington dumped millions bushels rotten potatoes, 154

almost immeasurable losses in support of agriculture, 157

almost immeasurable losses in support of agriculture, 197

SUPREME COURT, THE

attempt by President Franklin D. Roosevelt to pack, 23, 14, 88

long continued attempt by Congress to intimidate, 14

Congress piqued by holdings acts violated Constitution, 15

decision by majority historical and Constitutional, 15

men in schools join in attack on judiciary, 15

samples of books against judiciary by supposed scholars, 16

Hamilton quoted in "The Federalist" on function courts, 17

judicial system of Constitution praised by foreign scholars, 18

organized labor demands curb on courts, 18

Canada and Australia adopted American judicial system, 18

American Federation Labor favors amendment curbing Supreme Court, 19

Constitution, not court, "invalidates" act Congress, 19

does not "veto" act Congress when citizen brings suit, 22

acts of "New Deal" held unconstitutional cited, 23

President Roosevelt kept plan to pack from people, 24

mathematics of court packing plan exhibited, 24

Senate rejected President's attempt court packing, 25

President Roosevelt had once objected to increasing number judges, 25

book by Attorney General supported court packing, 25

attempt to pack not sudden outburst of alienism, 38

great statesmanship is exhibited in Slaughter-house decision, 230

Slaughter-house decision sensed peril appearing in Minnesota and Illinois, 230

followed Slaughter-house cases over third of century later, 230

"assumed" frequently Fourteenth Amendment absorbs First, 221

Canada, Australia and other countries copied Court, 17

changed from Republican majority of one to 8 Democrats, 242

declined to pass on validity Maternity Act, 92

erroneous decision in Illinois school case, 216

fallacious idea on man's right to property, 76

held Income Tax Act 1894 invalid, 61

held tax on salaries judges prohibited by Constitution, 200

ignoring history, sustained Social Security Act, 200

importance of far-seeing judges: Senator Hoar, 229n

its Equity Rule protects all alike in injunction cases, 49

Jehovah's Witnesses given illegal latitude, 240

labor favored by many judicial decisions, 27

misapplied Fourteenth Amendment in Minnesota Press case, 219

overrode cases in upholding National Labor Relations Act, 163

should be replenished from Supreme Courts of States, 242

refused in 1895 to amend Constitution, 61

said "emergency" does not confer power, 135

Senator Webster voted against every Justice hearing him, 12

took narrow view of wide record Tennessee Valley Authority, 119, 121

told by Cooley consider history of a provision Constitution, 218, 219

warned against "mystifying constitutional provision, 217

SUPREME LAW OF THE LAND

specified in the Constitution, 19

words of provision quoted, 19

TAXATION

President Coolidge quoted; needless taxation "legalized larceny," 56

President Cleveland denounced avoidable taxation, 56

President Roosevelt's "tax processes" from Communist Manifesto 1848, 56

principle eminent domain applies: Government must give value for tax taken, 64

Judge Cooley quoted tax must be proportionate to "interest secured," 64

must be for revenue, not punishment, or regulation: Justice Story, 66

Edmund Burke said Americans anticipated grievance, 81

grant of power by Constitution quoted, 186, 187

President vetoed tax reduction bill demanded at election, 206

spenders "scourge, rather than govern, the state," 206n

"abuse of this power" Hamilton thought prevented, 61

incomes and estates only property taxed by graduation, 63, 64

President F. D. Roosevelt deficient in knowledge of, 55

TENNESSEE VALLEY AUTHORITY, 1933

electrical power corporation created with pretense regulating floods, 110

admitted by government no grant for manufacturing power, 110, 122

selling electrical power in great volume now, 111

people misled by easy getting, 111

other unconstitutional power projects followed TVA, 111

projectors purposed to introduce corporation of Fascism, 112

took over Muscle Shoals Dam of World War I, 113, 114

National Defense Act, 1916, revealed purpose manufacture power, 115

Intention behind TVA kept secret in campaign 1932, 115

multiform activity and losses to taxpayers, 116

private investors being driven out, 119

President Roosevelt's argument for Fascism, 117

President's "yardstick" becomes a bludgeon, 120

figures show power, not flood control, purpose, 121

United States District Court held Congress without such power, 121

reversed by Supreme Court, 121

matter in court record prophesied "electrification of America," 123

private corporations would be put out of business, 123

later President Roosevelt confirmed dissent Justice McReynolds, 124

Congress rejected application for steam plant, 124

power projects now cover 44 of 48 states, 124n

flood control fraudulent pretense of Fascism, 125

question should have been left to Ultimate Court, 126

Supreme Court should not amend Constitution, 126, 127

TVA powerful and dangerous propagandist, 127, 128

taxpayers provide money; big business takes the power, 128n

mathematics proves private capital cannot stand such competition, 129

can court maintain Constitution against such legislation: Judge Dillon, 130

project destroyed 500,000 acres productive land, 130

yearly production foodstuffs over 14 million gone forever, 131

Fascism thrust upon Tennessee Valley, 132

power project carried to Alaska, 152

"a deliberate step into forbidden field"; Justice McReynolds, 123

act creating of great length and difficult detail, 115

agricultural and industrial development by Congress illegal, 114

all valleys before developed by dwellers therein, 111

apparent success will proves fundamental failure, 111

Congress becoming weary of costs, 117

Constitution authorizes only control of interstate river, 114

disadvantage suffered by private investors, 116, 119

displaced 13,433 families, 131

engaged in many non-governmental activities, 115

escapes taxes and pays no interest, 116

fallacy in reasoning Supreme Court, 129

Fascist corporation planned before 1932 election, 115

Fascist corporations overspreading the map, 152

Federal Power Act 1935 further development Fascism, 125

investors objecting denounced as "anti-social," 117

losses in 1946 8 million; from beginning 100 million, 116

McReynolds, Justice, saw private investors "put out," 120

private competitors pay taxes and interest, 116, 119

private investors selling out in fear, 119

prophetic lawyer foresaw such decisions, 130

revelation extraordinary growth power plants, on taxpayer, 125, 152n

Supreme Court took narrow view of wide record, 122

was Gen. Eisenhower's "creeping paralysis" aimed at this? 112

TENTH AMENDMENT

last word Bill of Rights protecting police power States, 185

Chief Justice Chase on importance of States in Republic, 201

disregard of leads to "boundless field of power," 65

Jefferson said body of the Constitution, 192

Maternity Act 1921 in disregard of, 91

National Labor Relations Act forbidden by, 161

persistence of Congress in violation of, 161

President Cleveland on observing boundaries, 13

Commerce Clause and General Welfare cloaks for violation of, 97

cases in pursuance of overruled, 85

quoted on California Tide-Lands Case, 248

Social Security Act contrary to, 182

Soil Conservation Act in disregard of limitation, 201

strongest objections to Constitution brought this Amendment, 185

Stockyards Act, 1921 in contravention of, 96

TIDE-WATER OIL LANDS

property of States seized by United States, 243

seizure upheld in decision of Supreme Court, 243

California had held possession 100 years, 244

Chief Justice Taney held title in States, 1842, 245

so decided again in 1845, 246

so decided by Justice Field respecting California, 1873, 246

those cases disregarded but not overruled, 1947, 243, 246

Senator from State started movement against States, 249

two Presidents encouraged illegal seizure, 249

action United States comparable to partition of Poland, 250

States have power to overrule unwarranted decision, 252

ULTIMATE POWER, THE PEOPLE

Article V shows way change or abolish Constitution, 37, 126, 127

first Income Tax Case referred to Ultimate Power, 126

Justice Brandeis on "procedural regularity," 235

UNPRECEDENTED TASK OF CONSTITUTIONAL CONVENTION

to maintain general sovereignty of States in a Republic, 296

confederations had always disintegrated; nations had become imperial 296

task was to unite and maintain individuality of each, 297

States surrendered few inherent powers and carefully guarded remainder, 297

first successful attempt of a people to restrain themselves, 299

Senator Hoar quoted on this extraordinary restraint, 298

three lessons taught to posterity by Constitutional Convention, 298, 299

Hamilton said difficulty to make government control itself, 299

that is surpassing task of the American today, 299

VOTING

States should abolish the "straight ticket," 91, 180

should be limited to constitutional scholars, 90, 180

States should bring back strict Australian ballot, 91

eligible voters remain away from polls; above half, 263

WASHINGTON, GEORGE

cautioned against amendments by tinkers, 11

WEBSTER, DANIEL

said our government is last hope of world, xiii, 272

as Senator voted against confirmation of Justices of Supreme Court, 12

WILSON, JAMES

legal scholar of Constitutional Convention explains limitations on Congress, 190

pointed out in Convention two citizenships: National and State, 212