INDEX
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
two parties charge each other with failure to enforce, 98n
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
failed to defend their field against Socialism, 105
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, 232
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, 57n
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, 185
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
task accomplished never at tempted 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
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, 163
ESTATE OR INHERITANCE TAX
"Recrudescence of Feudalism" says English authority, 79
Spanish War tax and "graduated" income effective, 76
Causes break-up or sale or sound properties, 79n
See PROPERTY
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 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", 39n
forbidden because not authorized by Constitution, 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 fanners, 194
press dispatch told that King of Hoboes favors, 197n
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", 149
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, 158
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, law, 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, 136
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 not graduated is desirable, 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, 67n
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 of 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, 68n
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, 214
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, 215
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, 241n
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," 87
LABOR AND COURTS
decisions of half century for labor cited, 27, 28
"labor's gain" under President Roosevelt built on closed shop, 30
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, 35n
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, 170
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, 39
set up 22 corporations for management of government, 39n
NATIONAL DEBT
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, 286
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, 47n
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
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, 195n
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 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, 252
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
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
confiscation incomes by taxation urged on Congress, 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 dead letters, 89
erroneous belief prevalent that Washington should take over, 97
President's call for 22 unconstitutional acts provoked no criticism, 294, 295
only way to challenge Communism and other sophisms, 12
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
broken by Seventeenth Amendment, 1913, 9, 11
campaign for seat now too costly, 10
constitutional election was by legislature, 9
theory 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 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, law and fact, 75
comment 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 Platform, 1908, 38, 52n
"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 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, 173
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
rapid spread of unconstitutional evil shown, 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, 18n
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
Slaughter-house cases followed 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 152n
"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 296-297
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, 298
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
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