Undermining the Constitution

A HISTORY OF LAWLESS GOVERNMENT

By Thomas James Norton

Member of the Bars of the Supreme Court of the United States, the United States Circuit Courts of Appeals for the 7th, 8th, and 9th Circuits, and the Supreme Courts of Illinois, Kansas, New Mexico, Arizona, and California.

New York • 1950

THE DEVIN-ADAIR COMPANY

Copyright, 1951, by the Devin-Adair Co.

All rights reserved. No part of this book may be quoted without permission in writing from the publisher.

[Copyright apparently not renewed]

To the Memory of My Sisters SARA and KATHERINE

MANUFACTURED IN THE UNITED STATES OF AMERICA

Author of:

The Constitution of the United States: Its Sources and Its Application — 1922; revised in 1941.

Losing Liberty Judicially: Prohibitory and Kindred Laws Examined — 1928.

Page

  PREFACE ...... xi

  I THE REPRESENTATIVE, OR REPUBLICAN, FORM OF GOVERNMENT, CAREFULLY CHOSEN BY THE CONSTITUTIONAL CONVENTION IN 1787 AGAINST DEMOCRACY OR DIRECT ACTION BY THE PEOPLE, WAS FIRST UNDERMINED BY THE STATES ...... 3

  II LONG-CONTINUED ATTEMPTS BY CONGRESS TO INTIMIDATE THE SUPREME COURT, ACCOMPANIED BY HYPERCRITICAL WRITINGS OF POORLY INFORMED UNIVERSITY MEN AND OTHERS, LED UP TO THE ATTEMPT OF THE PRESIDENT AT COURT PACKING IN 1937 ...... 14

  III IN FAVOR TO POLITICIANS AND TO LABOR UNIONS, CONGRESS PURSUED ANOTHER METHOD OF ATTACK ON THE COORDINATE JUDICIAL DEPARTMENT ...... 40

  IV THE SIXTEENTH OR INCOME-TAX AMENDMENT, HAVING OPERATED IN VIOLENCE TO AMERICAN PRINCIPLES RESPECTING PROPERTY AND JUSTICE, SHOULD BE REPEALED ...... 51

  V FOLLOWING THE INCOME-TAX AMENDMENT IN 1913, THE NEXT VIOLENCE TO CONSTITUTIONAL PRINCIPLE WAS UNDERTAKEN IN 1916 BY A SOCIALIST-MINDED GROUP SEEKING TO BREAK DOWN THE TENTH AMENDMENT AND HAVE WASHINGTON ASSUME POLICE POWER IN THE STATES OVER PERSONS UNDER THE AGE OF 18 YEARS ...... 83

  VI THE LONG-PURSUED PURPOSE OF CONGRESS TO CROSS THE BARRIER OF THE TENTH AMENDMENT AND ENTER THE POLICE FIELD OF THE STATES, OFTEN CHECKED BY THE COURTS AND THE PEOPLE, WAS ACCOMPLISHED BY THE PACKERS AND STOCKYARDS ACT OF 1921 ...... 96

  VII THE RECONSTRUCTION FINANCE CORPORATION WAS CREATED BY CONGRESS WITHOUT AUTHORITY GRANTED TO IT BY THE CONSTITUTION, AND ITS OPERATIONS HAVE BEEN BEYOND THE SPHERE OF GOVERNMENT ...... 102

  VIII WITHOUT A GRANT OF CAPACITY IN THE CONSTITUTION TO CREATE A CORPORATION, CONGRESS INCORPORATED IN MAY, 1933, THE TENNESSEE VALLEY AUTHORITY, WHICH MANUFACTURES, ON THE MONEY OF THE TAXPAYERS, ELECTRIC POWER FOB SALE IN COMPETITION WITH PRIVATE CAPITAL ...... 110

  IX IN MAY, 1933, CONGRESS, BY THE AGRICULTURAL ADJUSTMENT ACT, UNLAWFULLY PERMUTED THE PRESIDENT TO REDUCE THE GOLD CONTENT OF THE STANDARD DOLLAR ...... 133

  X FIVE MONTHS AFTER THE INCORPORATION OF TENNESSEE VALLEY AUTHORITY, IN 1933, TWO MEMBERS OF THE CABINET OF THE PRESIDENT, AND THE HEAD OF THE FEDERAL BELIEF ADMINISTRATION PROCURED A CHARTER IN DELAWARE FOR THE FEDERAL SURPLUS COMMODITIES CORPORATION, CAPITALIZED BY THE MONEY OF THE TAXPAYERS ...... 150

  XI THE NATIONAL LABOR RELATIONS ACT OF 1935 WAS A VICTORY FOR CAESARISM OVER THE STATES AFTER A CONTINUOUS BATTLE FOB TWO DECADES ...... 161

  XII BY THE SOCIAL SECURITY ACT OF AUGUST, 1935, FOLLOWING THE NATIONAL LABOR RELATIONS ACT OF JUNE, THE REPRESENTATIVES OF THE PEOPLE IN CONGRESS STRIPPED THEIR STATES ALMOST ENTIRELY OF POLICE AUTHORITY ...... 181

  XIII THE CONSERVATION OF SOIL IN FARMING STATES BY THE FEDERAL GOVERNMENT IS NOT AUTHORIZED BY THE CONSTITUTION ...... 202

  XIV THE EXPANSION OF THE CONSTITUTION BEYOND ITS LETTER AND SPIRIT THROUGH JUDICIAL LEGISLATION BY THE SUPREME COURT OF THE UNITED STATES IS, BECAUSE INSIDIOUS, THE WORST THREAT TO LIBERTY AND PROPERTY ...... 207

  XV THE COURSE OF PRESIDENTIAL ELECTIONS DURING THE LAST FORTY YEARS HAS MADE CLEAR THAT THE SAFETY OF THE REPUBLIC REQUIRES RETURN TO STRICT CONFORMITY WITH THE DIRECTIONS OF THE CONSTITUTION ...... 254

  XVI IN CONCLUSION AND IN RETROSPECT ...... 296

  TABLE OF CASES ...... 301

  INDEX ...... 323

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