xt7wwp9t2q46_52 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. 55 "Legislation - By Coercion or Constitution" Speech of Jouett Shouse, July 15, 1935 text No. 55 "Legislation - By Coercion or Constitution" Speech of Jouett Shouse, July 15, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_55/Am_Lib_Leag_55_001/Am_Lib_Leag_55_001.pdf section false xt7wwp9t2q46_52 xt7wwp9t2q46 Pamphlets Available ·k ir
Copies of the fol$wing pamphlets and `    
other League literature may be obtained g 1
upon application to the League’s national ·
h..dq.....t..-.. » By Coereion or
Statement of Principles and Pfgrppses
A ' L'berty League—Its at orm • •
A:eAl:£*sisl of the President’s Budget Message  
Economic Security
Inflation
The Thirty Hour Week
The Pending Banking Bill
The Holding Company Bill * * *
Price Control
Yesterday, Today and Tomorrow ·
The Labor Relations Bill
How Inflation Affects the Average Family-
Speech by Dr. Ray Bert Westerfield ~
The Bituminous Coal Bill Speech °f
Regimenting the Farmers—Speech by Dr. G. W.
Dyer
Extension of ’the NRA _ JOUETT SHOUSE
Rig $1?Xl°K;l·%?1:;n]?:&; d d President of the American
T e ew Dea , Its nsoun Theories an •
Irreconcilable Policies—Speech by Ralph M. Llbcrty Lcaguc
Shaw
Is the Constitution for Sale?——Speech by Capt. over the
HWilliam H. Stayfon _ '
cgzrtsl Meet the ssue—Speech by William E. Columbia Broadcasting System
The Supreme Court and the New Deal
The Duty of the church to me Social orasr- July 15· 1935
Speech by S. Wells Utley A
An Open Letter to the President—By Dr. Neil
Carothers
The Revised AAA Amendments
The Return to Democracy—Speech by ]ouett
Shouse
The President’s Tax Program
The American Bar—The Trustee of American qiklcq
Institutions—Speech by Albert C. Ritchie Y 4*
Two Amazing Years——Speech by Nicholas Roose-
velt 'Z Sl
Fabian Socialism in the New Deal—Speech by was (,
Demarest Lloyd Try ‘_$V'
The People’s Money—Speech by Dr. Walter E.
Spahr
The Principles of Constitutional Democracy and
the New Deal—Speech by R. E. Desvernine
Which Road to Take?-——Speech by ]. Howard
P
Theelglessings of Stability—Speech by Iames W.
Wadsworth _ ·
Recovery by Statute——Speech by Dr. Neil AMERICAN LIBERTY LEAGUE
Carothers National Headquarters
* NATIONAL PRESS BUILDING
AMERICAN LIBERTY LEAGUE WASHINGTON D C
NATIONAL PRESS BUILDING h ,
WASHINGTON, D. C. * *
4 Document No. 55 {

 Legi3]31;i()n....By Cggrgign Or prohibiting unions dominated by the companies
eensntnnen r Whitt; tlsctsirse 1 01.1 A 1 1> · t1
0013 ecuri y, e ens1on an
* i Unemployment Bill. g
The Utility Holding Company Bill which
THE Scvemwfourth Congress has been in would destroy holding companies, entailing a
continuous session for more than six months. iess_ of nundreds of miUi¤¤¤ to investors in
It has passed the supply bills for the ordinary nniny seeuriiies·
01, regular expenditures of the government The Banking Bill centralizing in a political
for the fiscal year that ends June 30, 1936. board control over the money of all the people
Following the recommendations of the Presi- en depesit in tne banks
dent as outlined in his budget message of J an- Amendments to broaden tne autocratic Pow'
uary 7, 1935, it has increased these Swcallcd 1 ers ·of the Secretary of Agriculture under the
regular expenditures, without reference to relief Agrieunnrei nd-lnsnnent Administration-
01, recovery appropriations, by thc gigantic Sum 1 A Bill similarly broadening the bureaucratic
of one thousand, two hundred and ninety-seven F Pewere er ine Tennessee VsiieY AutnoritY in
million dollars Over the amount expended for , 1ts SOC13l1St1C experiment over a large section
similar purposes in the first year for which the of tne _S°nin°
Roosevelt administration made appropriations. A BIH te ereeie e niiiion doiinr eorporction
Understand the fact-—-over and above all of the necked ny tne government to nnnnee rcrrn ten'
thousands of millions that are being expended ante in tne Pnrenese and equipment of innu-
for relief purposes, the ordinary housekeeping _ Tne Bnnnnnens Ceei Bin Wnien Wvuld so'
expenses of our government have been increased Clallzs ene er enr me-lor nstionsi resources·
by   Thus there is   out the A Tax   th1`l1SlZ il]   tl1G P1`GSZl(1CI1t 8.t the
last Vcstigc Of the economy program put imo fag end of a long and arduous session with the
effect in the first year of the Roosevelt adminis- apparent penneni Purpose or stternPting to
tration and thus cynical ridicule is cast at the Steel tne tnnnder of tnese who have been adV0‘
promise of the Democratic platform to reduce eating in Veriens rerms tne iden of snnring the
governmental expenses a full 25%. All of this weenn of tne Nenen·
in spite of the most solemn, pre-election prom- H
ises made by Mr. Roosevelt as a candidate. WITH the exception of the Tax Bill now un.
The Seventy-fourth Congress also appropri- der consideration, every measure here listed is
ated under Presidential orders the gigantic sum open to serious question on the basis of con-
of" $4,880,000,000 for work relief——a sum greater stitutionality. The President himself in criti-
than the total expenses of the Federal govern- cizing the decision of the Supreme Court which
ment in any year from 1922 to 1931. Every outlawed the NRA said that by the terms of
cent of this huge amount has been placed in l that decision both the AAA and the TVA were
the hands of the President to use in any way i condemned. And yet the President has used
he may see {it, practically without restriction L and is using all the power of his oiiice to com-
or restraint. p pel Congress to pass amendments to these acts
Apart from appropriations, the major legis-   which will broaden administrative authority
lation which the Seventy-fourth Congress has 4 and extend the bureaucratic control exercised
considered is as follows: under them.
The Wagner Labor Disputes Bill creating a It should be noted also that, in the case of
permanent National Labor Relations Board and the AAA, under the guise of conformity to the
2 3

 Supreme Court decision a dishonest subterfuge thc exererse of the Powers of one ueParr‘
is being attempted. The language of the 01,ig_ ment to encroach upon another. The sp1r1t
inal Act is so amended that decisions of the et encroachment tenus to eonsohuate tne
courts which ban the proposal as illegal are Pswere or eh the uePartrnents rn ones anu
rendered moot and protestants must start again t he to cre‘ate¤ whatetier the rorrn of gm"
at the bottom in their tests of constitutionality. ernmena e reel desPonsrn· A Just esunaate
The Bills enumerated form the so-called er that love or Power anu _Proneness to
amusts, list of the PmSidcm_ActS which hc abuse it which predominates 1n the human
says must be passed before he will permit Con- heertne sutnelent to settsry us or the truth
gress to adjourn. What consideration has been of this Poertrorr The neeess1tY of ree1P‘
given by him to their constitutionality? reeel cheeks hr tas exererse of Pohuea]
The Bituminous Coal Control Bill is before §ei;’er’ by thvnhna anu thstrrhuung It Inte
the Ways and Means Committee of the House. • 1; erent eeP°e1torres¤ anu eonsutuung eaen
The Attorney General of the United States, t e_gner‘hen or the Puhhe wear against In'
called to testify, refused to express the opinion Veerene by the othersv has heen evlneeu by
that it is constitutional. On the other hand, » experunents encrent anu mouernv some of
there is good reason to believe that he has pro- them In our country anu under Our Own
nounced it unconstitutional. But, despite that eyes' To Preserve them Enust be as neee$‘
fact, despite his Presidential oath to “preserve, eery as to rnstttute thern·
protect and defend” the Constitution, Mr. Abraham Lincoln once said that when he took
Roosevelt ten days ago did a thing that seems the oath to support and defend the Constitu-
inconceivable in a President of this Republic. tion he meant just that and not to take the oath
Advised that the Committee having the legisla- as a means to get into power to fight and de-
tion under consideration might refuse to sanc- feat the Constitution.
tion it because of the belief that it was uncon- Grover Cleveland, in his inaugural address
stitutional, he addressed a letter to the Chair- on March 4, 1893, made this forthright state-
man of that Committee. I quote from his letter ment:
° ' • G6
thssteeetetghlhig Zilxiflgillbt I hips Yen};   “The oath I now take to preserve, pro-
1 e W1 o s as ns · s . .
git however pmasonablc to biglt; dice gin tect, and defend the Constitution of the
ty;] 1 _ 1 t_ ” ’ g United States not only impressively defines
gee e egle e 1°h‘ the great responsibility I assume, but sug-
_ _ · _ _ gests obedience to constitutional d
ALL past Presidents of the United States, with h 1 t . . commen S
_ _ _ as t e ru e by which my 0mC1&l conduct
possibly one exception, from Washington down must be guided I Shall to the best of m
to the present Roosevelt, whatever their faults ·1· · . Y
_ abi 1ty and w1th1n my sphere of duty pre-
or shortcom1ngs, have by word expressed and serve th C t. . b 1 H
_ _ e ons 1tut1on y oya y protect-
by act shown reverence for the Constitution. ing every grant of Federal Owcr it
. . con-
Most of them have been vocal 1n their expres- · b . . P .
_ _ tams, y defending all its restra1nts when
s1ons. Let us see what some of them have said. att k d b · .
_ _ * ac e y impatience and restlessness,
George Washington, himself one of the framers and b f · . . . .
_ _ _ _ y en orcmg 1tS limitations and reser-
of the Constitution, 1n his farewell address vatiom in favor of the States and the B
made the point that it is of vital importance plan P 0-
" 0 • l Q •
for those mtrusted w1th» 1ts administra- · ·
tion to confine themselves within their re- W-llham Howard Taft, the only man who
_ _ _ _ _ _ ever served our country both as President and
spective constitutional spheres, avoiding 1n
5 .
4

 as Chief Justice of the Supreme Court, wrote in i says to Congress, pass it anyway. No member
a veto message to Congress as follows: of Congress and no President can he true to
iiiie eeiii ieee iiie Ciiiei iieeeeiiee eeiee a i`§Z.?Z§hi.°i.§sE°.f.}ZZZE$§1'ZI.sZ§}§FsEt§Lt`IZl“.£;
sud whish_sssh_msmbsr of Csngrsss tskss’ constitutionality of a legislative act, thereby
dsss not bmd hlm any lsss sscrsdly to Obs ducking personal and individual responsibility.
serve the Constitution than the oaths
which the Justices of the Supreme Court _ i
take. It is questionable whether the doubt- WHEN the President attacked the Supreme
ful constitutionality of a bill ought not to Court doolsloos m his osl`ofuHY Propoliod sPoooh
furnish a greater reason for voting against te no?*’sPoPo1` moo oo MsY_31st last lt was the
the bill, or vetoing it, than for the Court to PI`souoaHY unommous oplmoo ef these Prssom ‘
hold it im,alid_ that he purposed asking for an Amendment to
66Tha Court will only declare a law in_ . the Constitution that would prevent the Su-
valid where its unconstitutionality is clear,   Promo Cmnt iieiii upsetting an ast °f C°ugTsss'
While the lawmaker may very Well hesitate { In the case w1th which he dealt It would have
to vote for a bill of doubtful constitution- i snowed hlm t° sssums the wlds ¤¤eeiieiiiii·
ality because of the wisdom of keeping tional powers   Congress had granted him
C18 may Within the fundamental law- without the possibility of interference. The re- y
66Thc custom of legislators, O1, executives alction of the country to this astounding sugges-
having any legislative functions, to remit tion of the President was. so definite and so un-
.0 the com the were and ultimate re. ieveiebie i}iei» iei iiie iiiiie iieiiie he did iiei
sponsibility as to the constitutionality of the sassy this lssus furthss It ls s nssssls {ssh
measures which they take part in Passing however, that members lof his Cab1net 1n
is an abuse which tends to put the Courts speeches subsequent to his statement of May
Constantly in Opposition to the Legislature 4 3lst have bitterly attacked the Supreme Court
and Executive, and, indeed, to the popular and have concurred IH the Presidential sugges-
supporters of unconstitutional 1.W..»· Eigiitggiei iiie Peweii ei iiee Ceiiii eiieiiiii be
y Did time permit I could quote similar expres- Moreover, only last week, the two Congres-
sions from practically all of our Presidents. sional spokesmen sent from Washington to par-
These appear sufficient. But let me deal for a ticipate in the round table discussions of public
moment with another aspect of the case. The affairs at the University of Virginia devoted
Democratic party since its foundation by Jeifer- their entire arguments to the theory that the
son has been a strong national force for main-V Supreme Court was never intended to be given
taining the sanctity of the Constitution. The the power of declaring acts of Congress uncon-
present administration is being constantly re- stitutional and that this power had been seized
ferred to as an unconstitutional administration. by the Court and should be withdrawn. The
That is ooeasioned hy the fact that fom- deci. fallacy of such contentions are, of course, wholly
sions handed down by the Supreme Court with- upset by the copious notes and comments by
in the space of a few months have declared that   James Madison during the period that the Con-
acts of Congress or acts of the Executive are stitution was under consideration. But the ex-
unconstitutional. In consideration of the Bi.   pressions from these gentlemen and others who,
tuminous Coal Bill importantioificials of the s apparently, have gone forth from the Presiden-
government and leading members of Congress tial presence to voice the Presidential intention
· question its constitutionality. The President would indicate that we shall face within a short
6 7

 time the question of whether the Supreme Court for excessive boi] and iincs_ In Other words,
Shell be euewed te eentiuue te exercise its every protection which the Constitution has
preper funetiene or whsthsr the System ef thrown about the individual citizen for whose
checks and balances and the division of power benefit it was adopted would bc cntircly with.
as between the three coordinate branches of the drawn and the People of Amcricn would be Sub,
government which is the greatest protection for ieet to the autocratic whim oi thc temporary
the citizens of this Republic shall be disturbed governing body just as orc many of the nconlcs
and the Judiciary beeeme merely a ereature sf of Europe today. If the present administration
the Executive. Students of history tell us and or any subsequent administration wishes to so
tell us truly that the reason the Republics of before the American People with s proposition
Greece and Rome did not survive was because making nossibie such results, It for onc, wc],
they did not have_an independent, fearless Ju- eome that issue_
dieiery’ elethed with smpls power te protect »» There are only two possible forms of legisla-
the citizen in his rights. If the issue shall arise tion_ One is by the Constitution with the Pro,
in this eeumry as te whether the Power ef the tection which the Constitution affords, the other
Supreme Ceurt te interpret the Cemtitutien is t is through coercion of an Executive desiring to
to be curtailed, under either this or some other assume, for whatever purpose and actuated by
administration, I have no apprehension as to whatever motive, greater and greater Power.
thc result The Ameriean Peeple will net Sub' The President himself, when he wrote to the
ject themselves to the irresponsible rule of tem- Ways and Means Committee, esi none your
porary legislative majorities or to the whims of Committee will not permit doubts as to oon_
bureeuerets in ths Exeeutive Department stitutionality, however reasonable, to block I
the suggested legislation”—he, himself, unlike
I WONDER if my listeners tonight realize just his eminent predecessors in that great oilice,
what Congress and the President could do if ~ indicated an appalling lack of concern for the
the Supreme Court were deprived of the power constitutional restraints which represent the
which it has exercised since the foundation of protection of the people. On the other hand,
this Nation. In these circumstances, Congress unfortunately, actions of the President in re-
could establish a state religion. It could pro- peated instances have shown that he will not
hibit free speech. It could abolish a free press. hesitate to attempt legislation by coercion. Rep-
It could prohibit citizens from assembling to resentatives of the Executive Branch of the gov-
petition the government. It could prevent a ernment recently, for the first time in our his-
citizen from having arms for his own protec- tory, have gone freely upon the floors of the
tion. It could provide for the quartering of halls of Congress in their effort to influence legis-
soldiers in your household in time of peace. It lation in accordance with the President’s desire.
could authorize the searching of your homes It is not for the President to decide what
and the seizure of your goods and papers with- legislation shall be passed. Under the Constitu-
out cause or reason. It could authorize the issu- tion, he is charged with the duty of making
ance of a warrant for your arrest at the whim suggestion to Congress and Congress is charged
of some official and without any supporting oath ` with the duty of either accepting or rejecting
or alhrmation. It could provide for the seizure such suggestion, but particularly is it charged
of your property without compensation. It with the duty of writing the legislation that it
could abolish the right of trial by jury and the W shall pass. But we have gone to such lengths
supreme right to an impartial trial. It could in this country the last two years that legisla-
provide for cruel and unjust punishment and tion written at the White House is sent to
8 9

 Congress with Ordgrs that it be passed without istration some of those in attendance made the
change and without amendment and practically point that the League is merely a destructive
without discussion. Only this morning, metro- agency trying to tear down what is being done
politan newspapers gave front page headlines without a program of its own.
four columns wide to the assertion by the I desire to answer that challenge. If the
Chairman ef a Congressional Committee that present administration will abide by the plat-
the Committee would write its own bill and form upon which it was elected and to which
did not want one sent to it from any source. The it gave unqualified endorsement, if it will ad-
Senator in charge of the pending AAA Amend- n h€1‘C to the Sacred oath which it swore to "pre-
_ ments, when asked on the floor who had writ- S61‘V€, protect and defend the Constitution," I
ten the Amendments, stated that he wished to give the promise that it will have the enthusias-
goodness he knew. n tic cooperation of the American Liberty League.
, But if you, my friends of the radio audience,
I ASSUME there will be no attempted contra- 1 fcc] as do we tlmt your rights and P““1°g"S
diction nf fnnt nithnn by Cnngnnnn or by the n under, the Const1tut1on are 1n danger, that the
Executive that we have had legislation offered f Am“‘?°““ form of government IS H? the Process.
directly from the White House—not merely the f ?f_bCHig Changed or d€Stmycd’ we mvltc yfm to
suggestion but the finished bills themselves. I Jom Wllh us m the ight that we are makmg_`
A assume there can be no doubt in the mind of not against a man 0}. a Set of fue? but for the
nny man who has Witnnnsnd what has gnnn nn in everlasting preservation of a pr1nc1ple. We wel-
Washington that this legislation has in more come FO Iiwmbershlp all of those who a?c€Pt_thc
than nnn instnncn bnnn fnncnd through nn nn- Constitution as their banner and ·the1r guide.
willing Congress. Every influence that an all- Merely wut? us addrcssmg Amcmcan Iflbcrty
f 1 dnnnistrntinn could nxnrt has bnnn League, National Press Bu1ld1ng, Washington,
P°“'°‘ }‘ “ . . . D. c. and ill 1;. 11 C1 t 1. 1
used without hesitancy and without conscience. _ ’ you W 6 Bum 6 _ 0 6 P can`}? On
Even a most friendly commentator, Arthur ibm ight for the PFcScrVat1°n _ af American
Knock, in thc New York Times Of last Friday, 1deals'and the protection of the rights of Amer-
in speaking of the administration efforts in con- man cltlzcnshln
nection with the Holding Company Bill said
this: “Representatives of the Executive arm, .
ranging from the bill-drafters of the Brain
Trust to strong-arm patronage dispensers, tried _
every persuasion they knew, and failed.” If the
American people are willing to upset the form 1
of government which they have developed and 1
in which they have believed, they can follow . _
no more sure course of bringing about its de- I L
struction than through permitting legislation by 1
coercion. b
LAST week the American Liberty League
. sponsored one of the round tables at the In-
stitute of Public Affairs at the University of ’
Virginia. In response to the criticisms voiced
by League speakers toward the present admin-
10 ‘ I1