xt7wwp9t2q46_70 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. 73 "The Economic Necessity in the Southern States for a Return to the Constitution" Speech of Forney Johnston of Birmingham, Alabama, Member of the National Lawyers Committee of the American Liberty League, October 29, 1935 text No. 73 "The Economic Necessity in the Southern States for a Return to the Constitution" Speech of Forney Johnston of Birmingham, Alabama, Member of the National Lawyers Committee of the American Liberty League, October 29, 1935 2013 https://exploreuk.uky.edu/dips/xt7wwp9t2q46/data/59m61/59m61_73/Am_Lib_Leag_73_001/Am_Lib_Leag_73_001.pdf section false xt7wwp9t2q46_70 xt7wwp9t2q46 Pamphlets Available
* * *
Copies of the following pamphlets and
other League literature may be obtained
upon application to the League’s national Thg Econnmic Ngcgggity
headquarters:
Statement of Principles and Purposes in      
  Libegtyil L?gueé-Its %&§0PmM
n a ysis 0 t e resi ents u get essage
iecgnomic Security J for an Return to the
n ation ,
The Thirty Hour Week  
The Holding Company Bill
Price Control
The Labor Relations Bill
The Farmers’ Home Bill
The TVA Amendments
The New Deal, Its Unsound Theories and * * *
giireconcilable Policies-Speech by Ralph M.
aw
How to Meet the Issue—Speech by W. E. Borah
The Supreme Court and the New Deal
An Open Letter to the President-—By Dr. Neil S h f
Carothers P°°° °
;l1"lge lgevisgd AA? Anlgendments
e resi ent’s ax rogram
The American Bar-The Trustee of American FORNHY JOHNSTON
Institutions-Speech by Albert C. Ritchie of Birmingham, Alabama
Two Amazing Years-Speech by Nicholas Roose-
velt Member of the National Lawyers
Fallgian Sociajlismdin the New Deal-Speech by Committee of the American
emarest oy ·
The People’s M0ney—Speech by Dr. W. E. Spahr Llberty League
Which Road to Take`?—Speech by J. H. Pew
The Blessings of Stability—Speech by James W. 0’U97° Iihé
Wadsy20rthB _ _ _ ·
L?§213li°%§JZeeil°§iZ‘5§ ‘” C°““"’““°“‘ Dixie Network er the Columbia
Recovery by Statute—Speech by Dr. Neil Broadcasting System
E Caroétherag
xpan mg ureaucracy
The Imperilment of Democracy—Speech by Fitz- 00t0b€1' 29, 1935
gerald Hall
J Lawmaking bg Executive Order
The Test of itizenship—Speech by Dean Carl `
o y’s ons or omorrow— pee y p- `A ...
TvgaAclc;’srsmmf T S hb C ER'?
tain William H. Stayton C a Y   4+
New Deal Laws in Federal Courts  
Potato Control E   **1
"Breathing Sp,ells"-Speech by Jouett Shouse  ***5**E* 
The National Labor Relations Act—Summary •?;·Y Lev
of Conclusions from report of the National
Lawyers Committee
Consumers and the AAA
Straws Which Tell I
The Duty of the Lager in the Present Crisis-
Speech by James . Beck ·
The Constitution and the Supreme Court- AMERICAN LIBERTY LEAGUE
Speech by Borden Bu"` National Head uarters
Budget Prospects _ q
Dangerous Experimentation NATIONAL PRESS BUILDING
* WASHINGTON, D. C.
AMERICAN LIBERTY LEAGUE.
NATIONAL PRESS BUILDING * *
WASHINGTON, D. C.
Document N0. 73

 The Economic Necessity in the
Southern States for a Return
to the Constitution
*
I HAVE understood that a principal object of
the American Liberty League is the non-
- partisan support of the American Constitution.
As a Southerner and a Democrat I have ac-
cepted membership on its National Lawyers
Committee. There is a systematic effort on foot
to discredit the Constitution of the United
States and bring into public disfavor the judicial
duty of the Supreme Court to apply the Consti-
tution in controversies coming before the Court
I for decision. The purpose is to amend the
Constitution so as to confer arbitrary power on
Congress, and to transfer to executive bureaus
of the Federal Government direct control over
WHEN you have finished with this the details of the economic life of the people.
In short, to set up a government of men, estab-
PamPhles Please Pass is on tv same lished by political victory and exercising arbi- ·
friend or acquaintance who might be j trary power, instead of a government of laws
i.........d, ...u...g his ........i... .0 th. msmg the as af the 9·>¤S¤*¤¤·>¤· The rags
control boards will be dictated by the victorious
membe"shiP blank on Page 11- group, either employer or employee, prices by
producer or consumer groups, and forced by
the New Deal and loss of a Constitution into
hostile camps. That means permanent inse-
curity and bitterness. It is idle to talk of
security based on threat of arbitrary action, for
A security in America can exist only under a
Constitution assuring fair play, whatever fac-
y tion may seize the government.
* The present Constitution has kept the Amer-
v ican people free from class distinctions and
T from class tyranny by limiting the power of
j majorities. America, made up of many races,
  of vast conflicting forces, has saved its so11l be-
  cause of the mandate of fair play dictated by
the Constitution. Unlimited power means in
all human affairs abuse of power. In govern-
ment it means dictatorship, abuse of taxing
power and national tragedy. A single partisan
3

 Congress; flushed with Political Victory, and with agricultural labor organized against the
free from restraint under a Constitution, could farm P1`°PI`iat°1`» with auitraga qualiaeatiene
take Steps as Permanent and as blighting as overturned in the struggle for class advantage,
war. ”That is the program of the New Deal, in with mwnt arraycd against c0u¤u`Y» and the
the name of Security and r,€f0rm_ South faced by a breakdown in its markets, in
its industry and of its past solidarity of action
THE movement to discredit and then destroy iu every etteie _ _ _
tno Constitution ttottiti threaten an ono wotoo @013* so bmf for my P·>S1¤$·¤ whmvcf
than the period of Reconstruction in the South, whleh _ meuatty or laber or agHeulture_ has
would dry up its industry, and destroy any taken 1n the past, for the abuse of the tariif or
chance of harmony among its people. Nor have ter lengt deterred Preeeeeee m eeeettve regatta
I any doubt that, nationally, it would result in nett by Just laweamaer the Q¤¤1¤¤m¤¤¤ ef any
regional and Occupational Struggles for control business threatening the public interest. I- state
oi- for dominant position in the central govern- that adequate meeetttee te meet att Ptttette _t`e'
ment, for legislative advantages and preferences. quueetttente are wtthm the seep e of the exleueg
The Sixth week of a Strike of 179000 coal Constitutions, state and federal, and that th1S
miners in the Birmingham district, ordered by Aemtetettatten has made ne earnest and Sue`
a remote labor control without concern for the tamed saért te try that mute' _
local welfare and using the workers as pawns The Prmelple ef Vehmtary farm’ maueuiy
in a national game, is thc first fruit of the and trade agreements under public sanction 1S
Guffcy Act, demanded by the President. an established function of government, state and
Within the boundaries of the existing Consti- nauenal; but the use of the pewer of gevenb
muon the permanent problem of un€mP1Oy_ ment to force compliance on those who do not
ment can be dealt with adequately. It has not V¤1¤¤t¤¤1>’ agree or te eletate the aerme ea
received serious consideration on that basis. which they eat] engage _m a eetaleeutwe bust"
Nor have any of the major Problems confronb ness, IIS as alien to American tradition as to the
ing the American people received effective con- Ptmelplee of the extetmg Ceeetttuttett
sideration within the traditional ·limits of the
Constitution, because the principal advisers of N OW, there are several methods of attempting
the Administration and the President himself to discredit the Constitution. The iirst is to
desire aggressive and vindictive action that press legislation through Congress carrying
would not be tolerated by a Constitution based federal aid to a class of numerous voters, legis-
upon fair play and limitation of the power of lation known to the Executive and to Congress
the national legislature. No major policy of the to be on or beyond the border line of federal
' Administration has the support of any previous power, and thus throw the burden on the Court
declaration of principle by the Democratic and the Constitution, if the legislation is de-
Party or of any public act or message of any . clared invalid.
Democratic President. I, for one, am not pre- , The second method is to attempt directly to
pared to admit that all previous Presidents were discredit the Constitution; to magnify the
wrong and that those who have the willing ear # doubts expressed by those who made it, ignor-
of the President are right. ing the century and a half of test and of in-
terpretation which has made it crystal clear and
THE proposed constitutional revolution would has Pmvau it to be adequate in Pt`°ePet`ttY and
rend the South into armed economic camps, in dePt`eeet°tt·
4 5

 A familiar method is to compare the Consti- volume of business, or as to corn-hog votes,
tution to the obsolete Navy vessel of that name, there is a blistering unanimity against the pres-
the old Frigate Constitution, now nothing save ent Administration without precedent in my
a monument and an ancient memory, and by observation or my reading _of political and
asserting that maintenance of the American public affairs. It is no mere political opposi-
Constitution will carry us back to horse and tion. It is the more intense because the cards
buggy days. Let me read to you what the are dealt by a Democrat, dealing from the
Supreme Court of the United States said on bottom of the Socialist pack. There are un-
May 27: doubtedly many beneficiaries of the program
“The Constitution established a national gov- who entertain a different view. But as for those
ernment with powers deemed to be adequate,   who are attempting to carry on the industry, the
as they have proved to be both in war and   finance or the business of the South, and are
peace.” _ sustaining the major burden of government in
Mark those words: “as they have proved to my area, I do not happen to have met any
be both in war and peace.” single proprietor who would take issue with the
conclusion I have stated. »
THE present Administration has, under the
high tension of depression, done more to create THAT the New Deal, as interpreted by its
class, occupational and regional prejudice than principal advocates, is a complete repudiation
any Administration in history, precisely as the of the traditional principle of the Democratic
q President has done more than any previous party is not debatable; that it has violated
President, in fact alone among the Presidents every substantial covenant of the Democratic
of the United States, has spoken and acted to platform, reaffirmed by the Candidate, and has
impair popular respect for the protection of a specifically undertaken to give effect to the
written Constitution, judicially interpreted and principal planks of the Socialist platform is not
applied. debatable; and yet there is not a Senator from
It would seem naturally to follow that those a Gulf or Atlantic State South of Maryland who
who are not direct beneficiaries of preferential sees fit to oppose. The members of the House
action by the Administration would be substan- of Representatives who effectively question the
tially unanimous in grave disapproval of the course of the Administration can be counted on
program. As to that I can only speak for those the fingers of a crippled hand.
with whom I am brought in contact. . Aubrey Williams, the leader of the so-called
My associations are predominantly with Youth Administration, one of the key men in
Southerners and life-long Democrats, small this Administration, a few weeks ago told the
business men, average business men and a few teachers of my city that the schools were fac-
of large affairs and large usefulness in the tories to manufacture opinion supporting the
South. That is my crowd. Yet I say to you that   social policy of the Administration. Nothing
I have yet to meet any man in business, who goes back more centuries toward barbarism
expresses any opinion at all, who does not now v than a desire to confuse education with the
express the belief, in solemn words and with ~ warping of the mind of a child. It ranks with
profound conviction, that the program of this spring poisoning; and if the Administration de-
Administration is ominous and disruptive. sires to qualify for that pastime it has selected
Whatever the statistics quoted by the Adminis- the proper staff. Now what legitimate business
tration as to the employment program or as to is it of the Federal Government to teach my
6 7

 onndron to t`oPndtnto tnot Wnton I know to be not to be doubted. In this brief address I can
essential to civil peace, the principles of the only point the landmarks.
American Constitution as tnoY Stand t<>d¤Y. nn' Take the case of the public works. Political
muzzlcd by tno gnoSt'Wt`ttot`S and ntt'ond't`nn projects have no place in a depression program.
drivers of tho New Dont- Say what you will, I say that the vast electric
power dams at Fort Peck and Bonneville and
DOES f _ h S h k Grand Coulee are built as Cheops built his
not every armer 1n t e out now ·d · I
_ _ _ pyram1 , out of the taxes of a str1cken peop e.
that a hatlohal wage Scale appllcd t° thm aloha To call those vast wastages of public funds re-
wollltl of ltself al°h° (hy up the Amclflcah FX` ,; covery measures is a satire upon the facts.
port cotton market, w1thout the other effective " The planned economy of the New Deal in
steps of the Adm1n1strat1on toward that result. Russm also took good cam of Its mdustmal
Only last Wook l l°al`h°_(l that a_S(lutll'?l`ll llllll Q y projects, but millions died in Russia of starva-
recently received 1n a single ma1l 1nqu1r1es for tion. Four thousand families in Jcgcrson
over a huh‘ll`°‘i1_ah‘l titty thgusxlll dollars °l County are threatened with withdrawal from
cotton gin mac 1nery rom t e rgentme. relief rolls tomorrow ni h f 1 k f
_ _ _ g t, not or ac o
A ¤¤*}¤}1¤1W¤s¢ Scale _‘ll°tat°'l_hy fha hlgher funds but because available funds are being
Protluljtlylly aghlh maonhno dcllltlyatglll °f tis applied to unnecessary public works in remote
C01°I1 BI; O1' 0 I C pu 1C 01113111 Clllg S11 · areas Chco h    
_ _ _ _ _ . ps must ave 1S pyram1 .
Sltllzcd by the Govotnmont foto cmhpctltlyc National wage levels, uniform suffrage re-
Prodnotton In reward tor Pontloal Snppont ln ‘ quirements, uniform and compulsory pension
tho W°St¤ would altoct ou? agrlculturc Pfcclscly requirements, forced by federal law upon the
as tl llatlohal wage Scalo lh S°uth€l`h lllllls alhl states to obtain drawback on federal taxes, mean
factories would close them by the t}10\1¤¤¤d$· hasty, ill-balanced legislation and confusion in
This A.dm1n1strat1on stands committed to the the South I am not Opposing Social 01, €c0_
subjection of product1on to compulsory federal nomic 1,cfm,m_ I am warning the People of my
oontt`ol· section against surrendering the responsibility
which is both their duty and their opportunity,
. _ _ _ , _ and sell'n the` lf- l' t l't' l
W ITH this ..m.h0h, what can . c1t1zen and . l g lr SB ."“ lan}? °“p° l l°"‘ gmup
, _ organ1zed to centralize pol1t1cal power, Enance,
s Dem Ocra * C10? The Home of his fathm   ....... ...1 ..1.. .. ......... i. .1.. ...1
occupied by strangers seeking to undermine it. P P .
eral government, to be accompl1shed first by
Even the Southern newspapers, as a whole, take . . . . . . -
it for ranted that Five Billion Dollars can’t be dlscmdltmg and than nulhfymg the Amcmcau
wmu g And Ct I rc Cat that I have at to Constitution. The South, by reason of its rela-`
g` _ Y ’ _ P _ y tive weakness in industry, the limits on its
find a s1ngle propr1etor of any business what- k . .
_ _ mar ets, the pecul1ar nature of 1ts local prob-
ever 1n Alabama or elsewhere who agrees with 1 . 1 . .
n ma_0r ro mm of the Administration i ems, 1S of al sect1ons most 1n need of the pro-
a fg! 11 Jth P ·g th· 1 ft f th t- bl - h tootioil of tho Constitution and most cg;-tain to
G ’ Cm IS no mg 8 or €_ Imc cmg suffer stagnation if standardized by political
but free speech; and that, along w1th the rest control in Washington
of the horse and buggy Constitution, is chal- l
lenged by those who shrink from the test of I .
fair play under the mandate of an effective T WAS not Somo member ot tno Llnotty
Constitution League or critic of the New Deal who first in-
That general public discussion is essential is dlctcd a mlglllhg oxocutlyo tot onttotnng out
8 9

 foreign trade, for creating almultitude of negv   AN INVITATION T0 JOIN THE
oflices and swarms of oliicia s to eat our su -  
. . h. : AMERICAN LIBERTY LEAGUE
stance, for making judges dependent on 1S E
will, or for subjecting us to a jurisdiction not   .
admitted by our Constitution and unacknowl-  
I i `n his assent to their acts  
Bdgcd by Ou? Tvs? if V} g Th d g We extend to every American citizen who believes in
of Prctendcd Bgls atmm _0Sc wor S Wiarc   the fundamental principles which gave birth to the
WHUGH by Th0ma$ Jegerson In the D¢¤1¤r¤¤¤¤   Constitution of the United States an invitation to be-
of Independence and they were directed at   come a member of the American Liberty League.
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