Showing posts with label Constitution. Show all posts
Showing posts with label Constitution. Show all posts

Wednesday, August 6, 2014

‘If Obama Doesn't Follow the Constitution, We Don’t Have To", Say's A Police Officer On Video

English: First page of Constitution of the Uni...
English: First page of Constitution of the United States  (Photo credit: Wikipedia)



by PAUL JOSEPH WATSON AUGUST 6, 2014
A shocking video shows a New Jersey cop responding to a complaint about corruption by asserting that law enforcement officers no longer need to follow the Constitution because it has already been decimated by President Obama.

Seeking to file a complaint about the Helmetta Regional Animal Shelter, Steve Wronko visited the Helmetta Police Department to air his grievances about the shelter falling prey to nepotism and corruption as a result of Helmetta Mayor Nancy Martin appointing her son Brandon Metz to head up the facility.

“I’ve made objections about what’s going on at the shelter over there,” Wronko tells the police officer, adding, “My first and fourth amendment rights were violated, my civil rights were violated.”

“Obama just decimated the freakin’ Constitution, so I don’t give a damn. If he doesn’t follow the Constitution, we don’t have to,” responds the cop, brazenly violating the oath he swore to uphold the Constitution.

The comment is self-evidently shocking, but it also provides an insight as to how corruption from the very top reaches all the way down to the bottom, providing law enforcement with a twisted form of justification for their unconstitutional activities.

At the end of the video, other police officers arrive to kick Wronko out of the building, with the cop who doesn’t give a “damn” about constitutional rights stating, “Either you get out or you’re gonna get locked up.”

“Maybe this instance, captured on film for the whole world to see, will serve as a wake up call to those who may still be asleep,” writes Matt Agorist. “Please share this so that it can help others to see the leviathan for what it is, a gang of thieves writ large.”

The only question that remains is if police officers feel they no longer need to follow the Constitution, should Americans be expected to obey the law?

http://www.infowars.com/cop-if-obama-doesnt-follow-the-constitution-we-dont-have-to/  Link back to source story.  We normally do not get our news from Alex Jones, but even he sometimes gets some interesting news that should not be ignored.  

Thursday, July 24, 2014

Anti Federalist Papers No. 46 – "WHERE THEN IS THE RESTRAINT?"

Let us look to the first article of the proposed new constitution, which treats of the legislative powers of Congress; and to the eighth section, which pretends to define those powers. We find here that the Congress in its legislative capacity, shall have the power to lay and collect taxes, duties, and excises; to borrow money; to regulate commerce; to fix the rule for naturalization and the laws of bankruptcy; to coin money; to punish counterfeiters; to establish post offices and post roads; to secure copy rights to authors; to constitute tribunals; to define and punish piracies; to declare war; to raise and support armies; to provide and support a navy; to call forth the militia; to organize, arm and discipline the militia; to exercise absolute power over a district ten miles square, independent of all the State legislatures, and to be alike absolute over all forts, magazines, arsenals, dock-yards, and other needful buildings thereunto belonging.

 This is a short abstract of the powers given to Congress. These powers are very extensive, but I shall not stay at present to inquire whether these express powers were necessary to be given to Congress? Whether they are too great or too small?
My object is to consider that undefined, unbounded and immense power which is comprised in the following clause - "And to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States; or in any department or offices thereof. " Under such a clause as this, can anything be said to be reserved and kept back from Congress? Can it be said that the Congress have no power but what is expressed? "To make all laws which shall be necessary and proper" - or, in other words, to make all such laws which the Congress shall think necessary and proper - for who shalt judge for the legislature what is necessary and proper? Who shall set themselves above the sovereign? What inferior legislature shall set itself above the supreme legislature?

 To me it appears that no other power on earth can dictate to them, or control them, unless by force; and force, either internal or external, is one of those calamities which every good man would wish his country at all times to be delivered from. This generation in America have seen enough of war, and its usual concomitants, to prevent all of us from wishing to see any more of it - all except those who make a trade of war. But to the question - without force what can restrain the Congress from making such laws as they please? What limits are there to their authority? I fear none at all. For surely it cannot be justly said that they have no power but what is expressly given to them, when by the very terms of their creation they are vested with the powers of making laws in all cases - necessary and proper; when from the nature of their power, they must necessarily be the judges what laws are necessary and proper.

The British act of Parliament, declaring the power of Parliament to make laws to bind America in all cases whatsoever, was not more extensive. For it is as true as a maxim, that even the British Parliament neither could nor would pass any law in any case in which they did not either deem it necessary and proper to make such a law, or pretend to deem it so. And in such cases it is not of a farthing consequence whether they really are of opinion that the law is necessary and proper, or only pretend to think so, for who can overrule their pretensions? No one; unless we had a Bill of Rights, to which we might appeal and under which we might contend against any assumption of undue power, and appeal to the judicial branch of the government to protect us by their judgments. This reasoning, I fear, is but too just. And yet, if any man should doubt the truth of it, let me ask him one other question: What is the meaning of the latter part of the clause which vests the Congress with the authority of making all laws which shall be necessary and proper for carrying into execution all other powers (besides the foregoing powers vested, etc. , etc. )? Was it thought that the foregoing powers might perhaps admit of some restraint, in their construction as to what was necessary and proper to carry them into execution? Or was it deemed right to add still further that they should not be restrained to the powers already named? Besides the powers already mentioned, other powers may be assumed hereafter as contained by implication in this constitution. The Congress shall judge of what is necessary and proper in all these cases, and in all other cases - in short, in all cases whatsoever.

Where then is the restraint? How are Congress bound down to the powers expressly given? What is reserved, or can be reserved? Yet even this is not all. As if it were determined that no doubt should remain, by the sixth article of the Constitution it is declared that "this Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shalt be the supreme law of the land, and the judges in every state shall be bound thereby, any thing in the Constitutions or laws of any State to the contrary notwithstanding. " The Congress are therefore vested with the supreme legislative power, without control. In giving such immense, such unlimited powers, was there no necessity of a Bill of Rights, to secure to the people their liberties?

Is it not evident that we are left wholly dependent on the wisdom and virtue of the men who shall from time to time be the members of Congress? And who shall be able to say seven years hence, the members of Congress will be wise and good men, or of the contrary character?

AN OLD WHIG

Learn More About American History:  Visit Jamestown, Yorktown and Colonial Williamsburg Living Museums in Virginia.

Tuesday, July 15, 2014

Undermining The Constitution A HISTORY OF LAWLESS GOVERNMENT (Part 9)

Battle of the Hook, 2013
Battle of the Hook, 2013 (Photo credit: Battleofthehook)
By Thomas James Norton

IN MAY, 1933, CONGRESS, BY THE AGRICULTURAL ADJUSTMENT ACT, UNLAWFULLY PERMITTED THE PRESIDENT TO REDUCE THE GOLD CONTENT OF THE STANDARD DOLLAR

It was well settled law (293 U. S. 388) that the power conferred on Congress by the Constitution cannot be delegated to another Department. That principle of the law of Agency was found by Bryce to be the best conception of the Constitutional Convention.
Yet the Legislative Department authorized the President, by a Senate amendment to the House Agricultural Adjustment bill, to reduce the content of the gold dollar, but not below 50 per cent. In 1936 the Agricultural Adjustment Act was held (297 U. S. 1) unconstitutional for taking money from one class for the benefit of another. But in the meantime the President had acted on the Senate amendment and cut the gold dollar.
Among the powers conferred on Congress by the Constitution is that "to coin Money, regulate the Value thereof, and of foreign Coin." At the time the Constitution was written there was much coin of other nations in circulation in America. The Spanish silver dollar was the coin of first importance. By the language quoted, recognition was given to the fact that governments had found it necessary
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to change the content of their standard coins, a course which conditions might make necessary in the New World.
President given no authority over money
But all the authority given by the Constitution was conferred, as the language quoted puts beyond question, on Congress alone. Neither in Article I, creating the Legislative Department, nor in Article II, establishing the Executive Department, is there even an intimation that the President should have anything to do with regulating the value of money. That is to say, the power was withheld from him. For another elementary rule of interpretation is that what is not granted is prohibited.
With the authority to regulate the value of coin limited by the Constitution to Congress, the President was, nevertheless, directed (or, what is more probable, allowed) by Congress to perform its task of fixing the value of the dollar. It was for Congress to determine whether the content of the dollar should be changed and, if so, to change it.
Constitutional power cannot be delegated
Delegation of administrative powers to fact-finding bodies which are guided, not by their own will or judgment, but by the specifications and limitations in the Acts of Congress creating them, has been common. The Federal Trade Commission, the Board of Tax Appeals, and many other agencies have been set up to relieve Congress of details not legislative .
But "the Congress, manifestly, is not permitted to abdicate, or transfer to others, the essential legislative functions with which it is invested," said the Supreme Court (293 U. S. 388) in 1934. (Italics inserted.) It pointed out


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the settled practice that Congress, in the act of delegating administrative powers, must declare a policy, establish a standard, and lay down a rule for its agent to follow in executing the Congressional (not its own) will.
In passing to the President an "essential legislative function," not a merely administrative function, second to none conferred by the Constitution on it, Congress did not itself, so far as the Act and the Joint Resolution show, determine anything -- except that the Chief Executive might use his own judgment within a very wide range.
Here began the course of unconstitutional conduct by Congress which brought upon it and its successors the epithet of "rubber stamp."
The beginning of "directives" by the President
So, on January 31, 1934, the President "directed" that the standard gold dollar be reduced from 25.8 grains to 15-5/21 (15.238) grains.
On March 9, 1933, Congress had passed the Emergency Banking Relief Bill, which authorized the Secretary of the Treasury to require all persons to deliver to the Treasurer of the United States "any and all gold coin, gold bullion, and gold certificates" owned by them, and to accept therefor "an equivalent amount of any other form of coin or currency."
Here began the practice of the President and his rubber-stamp Congress of declaring an "emergency" when it seemed desirable to seize power not granted by the Constitution.
But "emergency does not create power," wrote Chief Justice Hughes (1934) in an opinion (290 U. S. 398) sustaining a law of Minnesota (1933) which extended the


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time for an owner of property to redeem it after sale under foreclosure of mortgage.
Congress repudiated its contract with the people
By a Joint Resolution of June 5, 1933, Congress proclaimed that the promises of the United States in the law under which the Second, Third, and Fourth Liberty Bonds were issued "are hereby repealed" so far as they pledged any payment except "dollar for dollar in any coin or currency which at the time is legal tender." The United States had borrowed money of the people for carrying on World War I and had issued bonds therefor payable as to both principal and interest "in the United States gold coin of the present [1918] standard of value." That is, in dollars containing 25.8 grains of gold nine-tenths fine.
The vastness of the debt repudiated
Just before this legislation, in 1932, the interest-bearing debt of the Nation was $19,161,273,540.[1]
At that time the States had submerged themselves in an interest-bearing debt of $17,589,515,000.[2]
Thus, the two governments of the American had loaded him in a time of peace with a burden of $36,750,788,540.
On the National Debt he was paying a yearly interest of $599,276,631, and the debt of his States cost him yearly in interest $527,685,450.
His interest load for the two debts was $1,126,962,081 per year, or $155,399,491 more than the National Debt the year before we entered World War I.
1. Report Secretary of Treasury, p. 405.
2. Financial Statistics States, pp. 52, 64.


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National and State governments had agreed with those who lent to them $36,750,788,540 to pay in dollars containing 25.8 grains gold. They had likewise promised to pay in such dollars yearly in interest $1,126,962,081.
But the governments would henceforward measure their debt to those who had lent money to them in time of need by a dollar containing 15-5/21 grains of gold instead of the promised dollar of 25.8 grains. Nor, as before said, would their creditors, under the decision of the Supreme Court, to be noticed presently, get the lesser gold dollar. They would be obliged to take paper money. Neither would they, the Supreme Court held, be entitled to enough additional paper money to compensate for the difference between the dollar lent and the dollar paid back.
The "profits" to governments from repudiation
The measure of value by which debtor and creditor had contracted was cut down not quite 41 per cent. If the debts of the Nation and the States just before given were to be cut down 40 per cent the debtor governments would gain over 15.7 billion dollars; and, of course, the people from whom they borrowed would be out of pocket that much, only a little less than the National Debt amounted to in 1931 after Secretary Mellon, by wise management, had reduced it almost 9 billion from the World War I peak of 25 billion, 234 million.
In like manner, all the other debtors in the United States, those not holding bonds or other obligations of Government, would receive in the depleted dollar from their creditors a forced forgiveness of 40 per cent of their debts.
That this was the effect of the performance was ad-


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mitted of record by the Secretary of the Treasury in the report for the fiscal year ending June 30, 1946, where (p. 364), under receipts of money, there was entered "increment resulting from devaluation of gold dollar, $2,811,375,756." Whether that amount was allocated to 1946, or to all the years up to that time, does not appear; but the "clip" on all the bonds of the United States outstanding was $7,760,315,773.
Chief Justice Marshall on honor in government
On the action of the Government in favoring debtors -- and most of all itself and the States -- by clipping the dollar 40 per cent, in one of the opinions of Chief Justice Marshall this is to be found:
"It may well be doubted whether the nature of society and of Government does not prescribe some limits to the legislative power; and, if any be prescribed, where are they to be found if the property of an individual, fairly and honestly acquired, may be seized without compensation."[3]
Hamilton on inviolability of governmental contracts
Long before that, Alexander Hamilton, who was Secretary of the Treasury in the Cabinet of Washington, stated with his characteristic clarity and force the position of a contracting Government, as ours was a contracting Government when it borrowed money from the people and promised to pay in dollars containing 25.8 grains of gold:
"When a government enters into a contract with an in-
3. Fletcher v. Peck, 6 Cranch. 87, 135.


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dividual, it deposes, as to the matter of the contract, its constitutional authority, and exchanges the character of legislator for that of a moral agent, with the same rights and obligations as an individual. Its promises may justly be considered as excepted out of its power to legislate, unless in aid of them. It is in theory impossible to reconcile the idea of a promise which obliges with a power to make a law which can vary the effect of it."[4]
Hamilton was a member of the Constitutional Convention, which "told the world" that the new Government would pay the creditors of the old.
Constitutional Convention for payment of all debts
Among the final words of the Constitution are these:
"All debts contracted and engagements entered into before the adoption of this Constitution shall be as valid against the United States under this Constitution as under the Confederation."
That provision gave the United States high standing and credit among the nations.
On the morality of government respecting its debt, Madison made this interesting observation ( The Federalist , No. 43):
"This can only be considered a declaratory proposition; and may have been inserted, among other reasons, for the satisfaction of the foreign creditors of the United States, who cannot be strangers to the pretended doctrine that a change in the political form of civil society has the magical effect of dissolving its moral obligations."
4. Hamilton's Works, 518.


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The fine example set to the nations by the Constitutional Convention has not been accepted by them.
Once we upbraided governments of Europe for repudiating the obligations to us which they had incurred for World War I. But we can do that no longer.
Insolence attended repudiation of gold contracts
From the review which has been made of opinion on both sides of this subject, it is manifest that the Government of the United States, without adequate explanation to the people, took a step respecting their property of tremendous importance to them. The only pretense of explanation by the Government, as a Government, was in the authority given by a rider on the Agricultural Adjustment Act to the President to "fix the weight of the gold dollar ... as he finds necessary ... to stabilize domestic prices or to protect foreign commerce against the adverse effect of depreciated foreign currencies"; and in the Joint Resolution of Congress (June 5,1933) declaring that "the holding or dealing in gold" had been disclosed by "the existing emergency" to "obstruct the power of Congress to regulate the value of money," for which reason "any obligation" purporting to give to the lender of money "a right to require payment in gold" was "declared to be against public policy."
But just how the cut by the President of 40 per cent from the gold dollar would stabilize domestic prices or protect foreign commerce, or how the repudiation by Congress of its promises to pay its bonded debts in gold, with the release of all other debtors from such promises, would help it "to regulate the value of money," was left without


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explanation beyond the bare recitals just quoted from the acts.
The opinions of some writers on finance
Some writers on finance had contended that the value of the gold in a dollar had increased in the market, and that therefore the creditor (the holder of bonds, the depositor of money, and some others) were receiving value above that intended by their contracts, for which reason a reduction of the content of the gold dollar was called for. But, as before indicated, the representatives of the Government said that the purpose was to increase the price of agricultural commodities, to stabilize American money against foreign currencies, and to make a profit for the Treasury of the United States.
While the depletion of the dollar quickly lifted the prices of wheat and other products in demand in foreign markets, it less quickly, but just as surely, increased the costs at home -- of food, of clothing, of housing, of living. If the writers on finance were right, then the wearying burden of living costs carried by the American for fifteen years is in considerable part attributable to the devaluation of the gold dollar.
Supreme Court expounded repudiation
In one of the three Gold Clause Cases the Supreme Court held, on February 18, 1935, in an opinion by Chief Justice Hughes, that the Fourth Liberty Bonds of the United States, promising to pay the buyer (the lender of money to the Government) "in the United States gold coin of the present [1918] standard of value," could not be repudiated as to the form of payment. The bonds having


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been issued under the clause of section 8 of Article I of the Constitution authorizing Congress "to borrow money on the credit of the United States," and being affected by the provision of the Fourteenth Amendment that "the validity of the Public Debt of the United States authorized by law . . . shall not be questioned," those quoted expressions stating the sovereign will of the people, it was not within the power of Congress, a servant of the people with inferior authority, "to override their will thus declared," and by the joint resolution of June 5, 1933, to proclaim that the promises in the law under which the bonds were issued "are hereby repealed" so far as they pledged any payment except "dollar for dollar in any coin or currency which at the time is legal tender."[5]
Yet the bondholder won a Pyrrhic victory. He got nothing but a favorable judicial declaration that he should be paid in gold when the gold of the country had been seized and withdrawn from circulation.
The holder of Government bonds thoroughly "frisked"
Nor did he get in paper money the additional sum to equate the difference between the two gold dollars for the reason that "the plaintiff," the Court said, "has not shown, or attempted to show, that in relation to buying power he has sustained any loss whatever." Congress having withdrawn gold from circulation, it was unascertained what the new gold dollar would be worth to plaintiff in the "domestic and restricted market." He had not proved that, and as he had sued for damages for violation of contract, he failed for want of proof.
5. Perry v. United States, 294 U. S. 330.


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Dissenting Justices found the milk in the cocoanut
In the dissenting opinion in the Gold Clause Cases by Justices McReynolds, Van Devanter, Sutherland, and Butler, this was said (italics inserted):
"The Agricultural Adjustment Act of May 12,1933, discloses a fixed purpose to raise the nominal values of farm products [6] by depleting the standard dollar. It authorized the President to reduce the gold in the standard, and further provided that all forms of currency shall be legal tender. The result expected to follow was increase in nominal values of commodities and depreciation of contractual obligations. The purpose of section 43, incorporated by the Senate as an amendment to the House bill, was clearly stated by the Senator who presented it. It was the destruction of lawfully acquired rights."
Congress recognized damage by repudiation
That destructive result was admitted by the Government, for by an act of Congress of June 14, 1934, a credit of $25,862,750 was established on the books of the Treasury in favor of the Philippine Islands, that amount compensating for the cut in its gold-standard fund held by the banks in this country.
The fact deserves special emphasis that it was by an act of Congress taking a course of avowed favor to agricul-
6. Where did Congress get authority "to raise the nominal value of farm products"?
This is one more support of the statement frequently made herein, namely, that those in places in Government have generally ceased to ask or raise the question: Does the Constitution warrant this action? Or, does the Constitution forbid it?


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ture, as the dissenting justices stated in the foregoing quotation, that the President was empowered to reduce the gold content of the dollar. In the act the purpose of stabilizing "domestic prices or to protect foreign commerce against the adverse effect of depreciated foreign currencies" is recited. It is not clear why a dollar supported by the resources and productive power of this country could not stand up against foreign money. No explanation was vouchsafed by the prestidigitators of finance who drafted and put through the bill.
A senator clearly explained the trick
But this from the senator who incorporated section 43 as an amendment to the House bill, referred to in the foregoing quotation from the dissenting justices, is to a high degree lucid (italics inserted):
"The amendment has for its purpose the bringing down or cheapening of the dollar, that being necessary in order to raise agricultural and commodity prices. . . . The first part of the amendment has to do with conditions precedent to action being taken later.
"It will be my task to show that if the amendment shall prevail it has possibilities as follows: it may transfer from one class to another class in these United States value to the extent of almost $200,000,000,000. This volume will be transferred, first from those who own the bank deposits. Secondly, this value will be transferred from those who own bonds and fixed investments."[7]
There is nothing in that about cutting the value of the dollar over 40 per cent to protect it against "depreciated
7. Congressional Record, April, 1933, pp. 2004, 2216-7, 2219.


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foreign currencies," which Congress gave as one of its reasons, without saying how that would help against what.
Secretary of Treasury not concerned about foreign moneys
Justice McReynolds quoted from a radio address of the Secretary of the Treasury to the American people on August 28, 1934, the following unctuousness:
"But we have another cash drawer in the Treasury, in addition to the drawer which carries our working balance. This second drawer I will call the 'gold' drawer. In it is the very large sum of 2,800,000,000, representing 'profit' resulting from the change in the gold content of the dollar. Practically all of this 'profit' the Treasury holds in the form of gold and silver. The rest is in other assets.
"I do not propose here to subtract this $2,800,000,000 from the net increase of $4,400,000,000 in the National Debt, thereby reducing the figure to $1,600,000,000. And the reason why I do not subtract it is this: for the present this $2,800,000,000 is under lock and key. Most of it, by authority of Congress, 1s segregated in the so-called stabilization fund, and for the present we propose to keep it there. But I call your attention to the fact that ultimately we expect this 'profit' to flow back into the stream of our other revenues and thereby reduce the National Debt."
Usefulness of gold clause in American life stated
The dissenting justices pointed out that the gold clause in any agreement, employed by Americans for more than 100 years, "secures protection, one against decrease in the


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value of the currency, the other against an increase." Such clauses, they said, "have rendered possible our great undertakings -- public works, railroads, buildings. . . . Furthermore," the dissenters wrote, "they furnish means for computing the sum payable in currency if gold should become unobtainable." Then the borrower pays "for each dollar loaned the currency value of that number of grains." He would thereby get, what was denied by the Supreme Court, enough additional currency to make up the difference between the value of the money lent by him and that paid back.
The whole case, as seen by the dissenting justices, was stated as follows:
"The fundamental problem now presented is whether recent statutes passed by Congress in respect of money and credits were designed to attain a legitimate end. Or whether, under the guise of pursuing a monetary policy, Congress has really inaugurated a plan primarily designed to destroy private obligations, repudiate National debts, and drive into the Treasury all gold within the country in exchange for inconvertible promises to pay, of much less value."
The President did not guard against foreign currencies
It was reported in the dispatches on March 15, 1941, that President Roosevelt told his conferees of the Press, whom he used as boosters of his exploits, that "the Treasury's $2,000,000,000 stabilization fund had made a profit of $22,000,000," which, he said, was "not such a bad record for what he called facetiously a bunch of rank amateurs in


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finance." The stabilization fund was established in 1934, the dispatch said, "from profits obtained from the devaluation of the dollar." It was the opinion of the President that he had given "a pretty good illustration of the fact that the American Government was not wholly amateurish in the financial part it plays in the country."
What the Government accomplished proceeded, not from its financial ability, but from an illegal and ruthless exertion of power.
Did predatory wealth or economic royalty ever "put over" anything comparable to that? Did either, even in its dreams, ever see such easy money picked from the gullible?
On "just compensation" for private property taken
Were Congress to authorize the Secretary of the Treasury to order all of the farmers in the country to drive in their herds and accept the pay offered by the Government, "just compensation" would be given for them under the command of Article V of the Bill of Rights. On whether gold could thus be called in and appropriated by the Government without paying grain for grain, the dissenting justices said:
"Congress has power to coin money, but this cannot be exercised without the possession of metal. Can Congress authorize appropriation without compensation of the necessary gold? Congress has power to regulate commerce, to establish post roads, etc. Some approved plan may involve the use or destruction of A's land or a private way. May Congress authorize the appropriation or de-


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struction of these things without adequate payment? Of course not. The limitations prescribed by the Constitution restrict the exercise of all power."
On the point in the opinion of the majority of the Court, that as the holders of the bonds were forbidden to possess gold, it would do them no good to get payment in coin which they would be obliged to surrender immediately, and that consequently they were without damage, the dissenting justices said:
"Congress brought about the condition in respect of gold which existed when the obligation matured. Having made payment in this metal impossible, the Government cannot defend by saying that if the obligation had been met the creditor could not have retained the gold; consequently he suffered no damage because of the non-delivery.
Had an individual done such a thing
"Obligations cannot be legally avoided by prohibiting the creditor from receiving the thing promised. . . .
"If an individual should undertake to annul or lessen his obligation by secreting or manipulating his assets with the intent to place them beyond the reach of creditors, the attempt would be denounced as fraudulent."
The dissenting opinion concluded:
"Under the challenged statute it is said the United States have realized profits amounting to $2,800,000,000. But this assumes that gain may be generated by legislative fiat. To such counterfeit profits there would be no limit; with each new debasement of the dollar they would


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expand. Two billions might be ballooned indefinitely -- to twenty, thirty, or what you will.
"Loss of reputation for honorable dealing will bring us unending humiliation; the impending legal and moral chaos is appalling."



Thursday, May 22, 2014

Undermining The Constitution A HISTORY OF LAWLESS GOVERNMENT (Part 8)

Battle of the Hook, 2013
Battle of the Hook, 2013 (Photo credit: Battleofthehook)
By Thomas James Norton

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 FOR SALE IN COMPETITION WITH PRIVATE CAPITAL
It might be argued that, under the coefficient or Sweeping Clause of the Constitution, quoted in the preceding chapter, as applied by the Supreme Court respecting a banking corporation for the needs of the Government, Congress could create a corporation deemed "necessary and proper" to aid its lawful activity in the control of floods of an interstate river and the promotion of navigation thereon.
But it certainly has no authority to create a corporation for the manufacture and sale of electric power in competition with private industry.
Making electric power not for United States Government
That was conceded by counsel for the United States before the Supreme Court in the case to be examined, and was pointed out by Chief Justice Hughes.
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However, the Tennessee Valley Authority is manufacturing and selling electric power in large volume, and many persons and newspapers passing as among the thinking classes are charmed with the results.
Of course, the schools, colleges, and universities left those classes without understanding of what is more important than any valley made lovely with other people's money, namely, that "departure from the lines there laid down," as President Cleveland said of the Constitution, "is failure."
People easily misled by easy getting
Thus, what seems to some a great success in the development of a valley may be in reality a failure in government, tending to destroy free enterprise, property rights, and the liberty which the Constitution was designed to protect and promote.
There has been great rejoicing in the Northwest also and among Socialists throughout the country over the construction by the Government of the Bonneville and the Grand Coulee dams in the Columbia River, about 400 miles apart. But the question raised regarding the achievements in the Tennessee Valley presents itself as to those projects: can "departure from the lines" laid down in the Constitution be compensated for by all such developments imaginable?
As valleys from the Atlantic to the Pacific, and the wide plains between, have been developed without breach of the Constitution, why should disregard of the limitations which it prescribes be advocated and practiced now? In the development of the United States, unprecedented in the activities of men, prosperity in each valley and each


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region has been achieved by the brains, labor, and money of the dwellers. The residents of no area have thought of asking the people of the rest of the country to provide the money for bringing development to their locality!
Development of valleys not function of Government
Neither did the people of the Tennessee Valley ask for this project. The idea originated in the minds of Socialists, Fascists, and political adventurers far away. The idea was not so much to develop this particular valley, industrially, as it was to "grab off" this promising location as a means of demonstrating in the United States the beauty and utility of an alien belief at variance with our constitutional system. And, as before said, many who should know better think the demonstration has been a charmer.
It is the money of the people in all the States that paid for and is continuing to support "the wonderful works" in Tennessee. The doings are unfair as well as unconstitutional.
The propagandizing activity of the Tennessee Valley Authority in carrying the beauties of this Socialism and Fascism to the public has been so persistent (and expensive) as to draw criticism in Congress. It has had its effect on many.
Did General Eisenhower speak of power projects of T.V.A.?
It may be that those unconstitutional power projects were in the mind of General Dwight D. Eisenhower when, as President of Columbia University, he spoke on Febru-


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ary 10, 1949, to a group of students about "a creeping paralysis of thought" which leads to dictatorship. Addressing 130 leaders of students in preparatory and high schools, the General, who had opportunity to learn all about the way things go in Washington, said:
"There is a kind of dictatorship which can come about through a creeping paralysis of thought, readiness to accept paternalistic measures of Government, and along with those paternalistic measures coming a surrender of our own responsibilities and, therefore, a surrender of our own thought over our own lives and our own right to exercise our vote indicating the policies of our country."
Revelations respecting extraordinary growth of bureaus
General Eisenhower may have had in mind too the report of the Committee on Organization of the Executive Branch of the Government, headed by former President Hoover, that "billions -- not millions -- but billions" could be saved by reshaping and reducing the 1,800 bureaus running at large and employing 2,200,000 civilian workers, increased from 580,000 twenty years ago. The pay of those employees increased from $1,000,000,000 to $6,500,000,000 a year. They, with the voting members of their families, can control the election of the President.
On May 13, 1933, Congress created the Tennessee Valley Authority as a body corporate "for the purpose of maintaining and operating the properties now owned by the United States in the vicinity of Muscle Shoals, Alabama, in the interest of national defense and for agricultural and industrial development, and to improve navigation in the Tennessee River and to control the destructive


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flood waters in the Tennessee River and Mississippi River Basins."
Agricultural and industrial development by Congress not authorized
What clause of the Constitution authorizes Congress to concern itself with "agricultural and industrial development"? None. That part of the Act is lawless.
By implication, the Commerce Clause empowers Congress "to improve navigation" of waters carrying interstate commerce and to control "destructive floods" in such streams.
But it receives from the Constitution no authority respecting "agricultural and industrial development." Then, why were those words employed by the nonelected persons who drafted the Act? Were they ignorant of the Constitution, or contemptuous of it?
"The properties now owned by the United States in the vicinity of Muscle Shoals" referred to the Wilson Dam, which was begun in 1917 and completed in 1926 under authority of the National Defense Act of June 31, 1916, which empowered the President to have investigation made as to "the best, cheapest and most available means for the production of nitrates and other products for munitions of war." That provided also for the designation of exclusive sites upon navigable or nonnavigable rivers or the public lands for carrying out the purposes of the Act; and it authorized the President "to construct, maintain, and operate" on any such sites "dams, locks, improvements to navigation, power houses and other plants and equipment ... for the generation of electrical or other power and for the production of nitrates or other products


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needed for munitions of war and useful in the manufacture of fertilizers and other useful products." (The foregoing italics are inserted.)
The National Defense Act of 1916 was passed in expectation of the war which we declared on Germany ten months later.
But why did the draftsmen of that act bring in with "munitions" of war "the manufacture of fertilizers and other useful products"?
Fascist corporation planned before election of 1932
That the Act creating the Tennessee Valley Authority, which is long enough to fill ten columns of a newspaper, and which is of almost infinite and very difficult detail, could have been put through Congress two months after inauguration, means that it had been worked out long before the election of November, 1932. It had been kept in the dark from the writers of the platform and it never was revealed from the stump to the people. Alien-minded persons outside Government had probably prepared the Fascist creature for the incoming group.
In 1946 the Tennessee Valley Authority, besides producing electric power, was engaged in the manufacture of agricultural implements, of fertilizer for agriculture, and of the instruments of sanitation. It was engaged in mineral development, in providing means of recreation, in the care and promotion of wild life, in demonstrations, in farm management assistance, and in many other activities. On these, it lost for the year the money of the taxpayers to the amount of $3,600,000.


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Heavy losses to taxpayers maintaining T.V.A.
Its losses on the manufacture of power and all other activities amount to $8,041,000 for the year 1946. From its beginning in 1934 it has cost the taxpayers almost $100,000,000. These figures are from an analysis of the financial statements of the corporation by the Edison Electric Institute -- a trade association representing about 75 per cent of the private electric light and power industry.
An analysis of the records of Tennessee Valley Authority for the United States Chamber of Commerce was made by C. J. Green, formerly accountant for the Federal Power Commission, and given to the Press in October, 1948. He found that from May, 1933, to June, 1946, funds of the Treasury -- of the taxpayers -- invested in all Tennessee Valley Authority activities totaled $742,386,524. From that he subtracted $74,525,261 in Treasury investments not connected with river power, and added $44,394,436 for power investments "omitted" by Tennessee Valley Authority in its accounting system, arriving at a net power investment of public funds of $712,255,699.
T.V.A. has advantages over private investors
He found that if Tennessee Valley Authority had paid taxes on the basis on which private power companies paid, it would have returned to governments $155,237,363 for their support.
Had Tennessee Valley Authority been obliged to pay interest on the funds which the Treasury provided from the pockets of the taxpayers, the money would have cost it $78,309,109.


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How can private investors in electric power companies compete with a set-up like that?
And yet many commentators and propagandists have severely condemned the "selfish" and "anti-social" spirit of private investors who have complained of and offered opposition to such competition from the corporations of Fascism! Thus, we have almost reached in our Republic the equivalent of lese majesty. It may be with us tomorrow.
Congress apparently tiring of no returns
The Appropriations Committee of the House of Representatives has proposed that the Tennessee Valley Authority be required to repay within forty years the funds of the Treasury establishing and enlarging it.
But how can that be done unless the Authority has income? And how can it derive income from dams and reservoirs merely controlling floods?
"Flood control" is the disguise in which the Fascists wrapped themselves when they "put across" within two months after inauguration in 1933 a complicated bill of more than 10,000 words which must have been in preparation long before the election in November. The constitutional enemy from Europe was waiting to come in.
President Roosevelt's argumentation for Fascism
When the Government's entry into this business was under discussion, President Roosevelt argued that it was necessary to provide a "yardstick" for the prices which the


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manufacturers of electricity should charge the public, the contention being that those prices were then out of all reason.
Still, if that were true -- and it was not, for the States had power to prescribe and regulate rates and were doing so -- that was none of the business of the United States.
As private power companies pay Federal, State, and local taxes, it was determined that the Authority (probably to appear "fair") should not be entirely tax free, so it and its distributors contributed as a donative about 4.5 per cent of their combined gross power income to State and local treasuries. The Georgia Power, a competitor, contributed 5.5 per cent of its gross intake to State and local taxes.
Private investors support government
But the Authority paid (1946) no Federal taxes, while the Georgia Power paid 17.5 per cent of its gross to the United States. To Federal, State, and local taxation combined, the private owner thus paid 23 per cent of its gross income, while the Authority paid 4.5 per cent of the gross of itself and its distributors.
That is a mathematical demonstration of the purpose of the Government of the United States to drive private power companies out of business and become to that extent a corporative state of Fascism. In a dissenting opinion in the case arising out of this Tennessee Valley activity on the part of the native aliens in Washington, Justice McReynolds showed from the record that the purpose was to drive private investors out.


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Competition by government destructive to private investors
And in March, 1947, a press dispatch from Boston said that the President of the Puget Sound Power and Light Company recommended the sale of the properties of the company "to public power agencies, the Grand Coulee Dam, the Bonneville Dam, and others, as the only way to protect the stockholders' interest." In a speech at a meeting of stockholders he "charged unfair competition from government-owned utilities" which "makes it impossible for public and private power distributors to operate side by side." A power company of the Government would, he said, "escape about $2,600,000 annually in Federal taxes and 1 million in State and local taxes paid by this company." He said, further, that "Government-subsidized competition has cut rates and earnings to the point where the company cannot expect to attract private investment capital."
All that sort of advantage to the monopoly of Government was shown of record in the case of the Tennessee Valley Authority, which case (297 U. S. 288) arose out of the attempt of the common stockholders of a private power company to sell part of its property to the Tennessee Valley Authority in order to save themselves from a competition which they knew would finish them. The preferred stockholders resisted, and lost in the Supreme Court.


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The President's "yardstick" becomes a bludgeon
The Federal power companies are using as a bludgeon the "yardstick" of which President Roosevelt talked so much as a means of doing "justice." The Tenth Amendment forbids the United States to interfere thus in the field of local law. And, precedent to that, the Constitution forbids -- by not authorizing -- Congress to create a corporation for manufacturing and selling electric power, or doing any other business.
In the dissenting opinion in the case now to be examined, Justice McReynolds stated the purpose of the Socialists and Fascists who had "put over" the Tennessee Valley Authority:
"Public service corporations were to be brought to terms or put out of business."
It is manifest from the foregoing figures that they could not compete with a corporation which pays comparatively no taxes, and which operates on taxpayers' money, for which it pays no interest yearly. The Annual Report of the Secretary of the Treasury for 1945 shows that the United States (taxpayers) pays that interest for the money which it furnishes to the Authority.
When competing private power companies borrow money, they must pay interest at current rates, as they pay full taxes.
T.V.A. for power, not flood control

The analysis by the Edison Electric Institute of the reports of the Tennessee Valley Authority for 1946 shows these expenses for production:


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for Electric Power $6,198,023
for Navigation $2,309,548
for Flood Control $2,020,740
Those figures show that this corporation was created chiefly to manufacture and sell electric power. The pretense that it was primarily to control floods and develop navigation in an interstate river was pretense only.
On January 4, 1934, the Tennessee Valley Authority entered into an agreement with the Alabama Power Company for the purchase at more than $1,000,000 of some of its transmission lines and substations, for the purchase of some of its real estate, for the sale to the Power Company of "surplus power" of the Authority, and for (what used to be reprehensible) the division of territory between them.
Stockholders resisted entry of T.V.A.
Holders of preferred stock in the Alabama Power Company, believing the contract to be injurious to the company and also invalid, because beyond the power of the Federal Government, brought suit to have the performance of the contract enjoined, and thus save their property.
The United States District Court which heard the case granted an injunction on the ground that Congress had no constitutional power to engage in a permanent utility system.
The Circuit Court of Appeals reversed that decision. On appeal by the stockholders to the Supreme Court of the United States the latter decision was affirmed (297 U. S. 288) on February 17, 1936, Justice McReynolds writing a vigorous dissent.


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Very pertinent to the holding of the trial court that the action of Congress was unconstitutional is this language of the opinion of the Supreme Court, written by Chief Justice Hughes:
"And the Government rightly conceded at the bar, in substance, that it was without constitutional authority to acquire or dispose of such energy except as it comes into being in the operation of works constructed in the exercise of some power delegated to the United States."
Case against T.V.A. perfectly clear
That is, it could not, independently of flood control or improvement of navigation in the interstate river, use the dam and the machinery connected with it for the sole purpose of manufacturing electric power for sale. In the control of floods and in improving navigation, the machinery might generate more power than was needed for the purposes stated. It would be unreasonable to let that go to waste. It could be legally sold, as the general purpose of the operations was not to manufacture power for commercial sale.
But the act of 1916, the beginning of the Wilson Dam, contemplated not only the manufacture of nitrates for war, a constitutional activity, but also the production of things "useful in the manufacture of fertilizers and other useful products," an unconstitutional activity. And the act of 1933, creating the Authority to take over the Wilson Dam, said that it was for "national defense," a constitutional activity, and also "for agricultural and industrial development," an unconstitutional activity.
The Supreme Court viewed the case through a narrow


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slit and treated it as though it stood alone, whereas the record, as exhibited by Justice McReynolds, quoting from the pronouncements of the promoters, showed "no less a goal than the electrification of America," Since then the "goal" has been considerably attained.
In a dissenting opinion Justice McReynolds said that on the record the Court should have considered the truth of petitioner's charge that, while pretending to act within its powers to improve navigation, the United States, through corporate agencies, was really seeking to accomplish what it had no right to undertake -- "the business of developing, distributing and selling electric power."
Justice McReynolds saw through the fraud
Justice McReynolds said, "Public service corporations were to be brought to terms or put out of business."
The Justice quoted from the report of the Authority for 1934:
"When we carry this program into every town and city and village, and every farm throughout the country, we will have written the greatest chapter in the economic, industrial, and social development of America."
That made plain how little were flood control and navigation involved in the adventure. Of course, that development was not the business of the United States, any more than the development of the country in the past has been.
On the findings of fact made by the trial court, which Justice McReynolds said were not controverted, he called the act of the Government "a deliberate step into a forbidden field, taken with definite purpose to continue the trespass."


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President Roosevelt later confirmed view of Justice McReynolds
Precisely what Justice McReynolds stated of the purpose to continue a trespass in a forbidden field was admitted by President Roosevelt in a Press conference on November 14, 1944, shortly after he had been elected for the fourth time. This came in the dispatches from Washington (italics inserted):
"Of his seven water shed developments, Mr. Roosevelt said that the areas would center about a basic stream for each district. Water control would be a minor phase of activity compared to power development."
The need for secrecy and deception having passed, seemingly, the President let the cat out of the bag.
But there had been no cat in a bag except to the majority of the justices of the Supreme Court.[1]
And on May 11, 1948, the House of Representatives of the 80th Congress killed by a vote of 192 to 152 a bill of the bureau for the construction of a steampower plant in the Tennessee Valley to cost ultimately 84 million dollars.
1. An advertisement by the Electric Light and Power Companies in United States News and World Report of March 3, 1950, shows a map of the United States in which are stuck 209 pins with white heads and 491 with black heads, over 44 of the 48 States. The white heads show where electric power plants are now operated or financed by the Federal Government, and the black pins mark the places where electric plants are under construction with taxpayers' money. The map presents a frightening picture. It goes to prove what Justice McReynolds said the record in this case established, that the Fascists had "no less a goal than the electrification of America." The United States is becoming Socialistic at top speed.


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Flood control and navigation superseded by steam
Those facts go even further than President Roosevelt did when he admitted that the whole scheme was from the beginning for the manufacture of power by Fascist corporations aided by the money of the taxpayers. Of course, a steam plant manufacturing electric power is absolutely unrelated to flood control and the promotion of interstate navigation.
And the Supreme Court, notwithstanding what Justice McReynolds disclosed from the record, permitted itself to be taken in by the fraudulent pretenses of the promoters of Fascism!
In addition to that stupendous nongovernmental project, which has cost the taxpayers heavily every year -- $41,839,062 in 1939, for instance -- there are the Grand Coulee Dam Project of August 30, 1935, the Bonneville Project of August 20, 1937, on the Columbia River; the Fort Peck Project of May 18,1938, on the Missouri River, and numerous other projects covering the map -- all illegal power projects.
We were suffering from what General Eisenhower called "creeping paralysis" when those projects were pushed through!
Flood control fraudulent pretense of Fascism
The Federal Power Act of August 26, 1935, for the acquisition of power sites, plainly evidenced a comprehensive purpose of Government to manufacture and sell electric power, through Fascist corporations and with the money of the taxpayers, in competition with private inves-


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tors and manufacturers and in violation of the Constitution.
The record raising the question whether the Government of the United States was bent on controlling floods in navigable rivers and promoting navigation in them, or whether it was in reality on an adventure in Socialism should have given pause to the Supreme Court.
Question should not have been decided by the Supreme Court
The question was for the Ultimate Court. It was for the Constituent Assembly, the people acting in their capacity as constitution makers, to say whether that business, stopped by the sound injunctive order of the United States District Court, should go further. It was the right of the people, passing on a proposal to amend the Constitution, to say whether they wanted their Government in the business of manufacturing and selling electric power, or in any other business. The departure from the law respecting the carrying on of business since the time of Magna Carta, 721 years before, was so radical that it was the duty of the Judiciary to stop it, as the trial court did, until the question could be carried to the people for decision.
That is what the court of Chief Justice Fuller did in 1895 with an income-tax law in disregard of a limitation stated in the Constitution. It told the proponents of the income-tax idea to take it to the people, as the Court would not try to rewrite the Fundamental Law.


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In later case Chief Justice stated principle correctly
And in a concurring opinion holding (298 U. S. 238) the Bituminous Coal Act of 1935 in conflict with the Constitution, this was said by Chief Justice Hughes:
"If the people desire to give Congress the power to regulate industries within the State, and the relation of employers and employees in those industries, they are at liberty to declare their will in the appropriate manner; but it is not for the Court to amend the Constitution by judicial decision."
It is lamentable that that principle was not applied by the Supreme Court respecting the Tennessee Valley Authority. For the time must come when the people will refuse to submit to taxation for money to be used in such ways. And it is fully as important that the tremendous and malign influences of such bureaus in the Government as propagandists be brought to an end.
With such forces pouring out "information" to the public all the time in torrents, it is, of course, impossible for the public to be rightly informed.
T.V.A. persistent danger to public opinion
The Tennessee Valley Authority has been a powerful and dangerous propagandist. The United States Government Printing Office put out "Progress in the Valley: T V A, 1947" -- an 82-page book printed on heavy paper, with 7 costly pictures of the wonders accomplished for man, woman, and child in the Valley, and for invention, manufacture, and recreation.


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On page 74 the book says that the average rate paid by "large industrial consumers" during the past year was 0.64 cents per kilowatt hour, in comparison with "0.93 paid by industrial consumers throughout the United States."
First, why should "large industrial consumers" be cared for by the American taxpayers?
Promptly upon the turning of machinery by the Tennessee Valley Authority, the Aluminum Company of America and the Monsanto Chemical Company, two of the largest manufacturers in the country, went down from the North and began business in the Valley under long-time contracts for cheap power at the cost of the taxpayers! They recognized a golden "yardstick" when it appeared.[2]
2. A dispatch from Washington on April 5, 1949, showed that "big business" has taken over heavily the benefits of the cheap power provided by the taxpayers. In the Tennessee Valley are the Aluminum Company of America, the Monsanto Chemical Company, the Reynolds Metals Company, the Electro Metallurgical Company, the Victor Chemical Company, the Tennessee Copper Company, and the Reynolds Alloys, taking over 28 per cent of the total output.
In the Northwest the power generated at the Bonneville and Grand Coulee dams on the Columbia River by the taxpayers was taken by the Aluminum Company of America, the Pemamente Metals Corporation, the Reynolds Company, the Electro Metallurgical Co., the Pacific Carbide Company, and the Pennsylvania Salt Manufacturing Company, among others.
The "yardstick" which the President was so desirous of providing to show what rates to the consumer should be charged was evidently of the highest satisfaction to large corporations. Now the complaint at Washington is that the consumers in the homes and other small users are threatened with a shortage unless Congress will authorize the construction of steam plants -- thus casting off altogether the cloak of navigation and flood control which Congress wore when it entered on this stage!


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Mathematics proves private capital cannot meet taxpayers' money
Second, it is manifest that a rate by Government of 0.64 must drive out of business companies charging 0.93. Justice McReynolds found that to be the grand purpose.
On page 79 the book reveals that through the fiscal year 1945 the Authority purchased "facilities totaling $125,000,000." Those acquisitions brought in "some 345,000 consumers, or about half of those now served."
If that is not swallowing competitors alive, what expression would describe it?
The Supreme Court held that as the Constitution provides (Art. IV, Sec. 3) that "the Congress shall have power to dispose of ... the territory or other property belonging to the United States," it could convert the water of the River into power and sell it as it disposes of coal or other minerals in the lands which it owns. But it does not own the water in the river. Besides, it sells from the public lands the coal or other mineral in its natural state. It does not, in competition with other manufacturers, convert potential into actual power. On that, Justice McReynolds said that the ownership of an iron mine by the United States would not "permit the construction of smelting works followed by entry into the business of manufacturing and selling hardware, albeit the ore could be thus disposed of, private dealers discomfited, and artificial prices publicized."
A great prophetic lawyer foresaw these cases
This decision upholding the Act of Congress creating the Tennessee Valley Authority, and the decision sustain-


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ing the National Labor Relations Act, and the decision sanctioning the Packers and Stockyards Act, bring to mind a passage from one of the lectures fifty years ago to the law students at Yale by John F. Dillon, who had sat on the Supreme Court of Iowa and on a Federal Bench, a great figure of that day. Dealing with the barriers set in the Constitution to keep Congress in its place -- to keep it out of "a boundless field of power no longer susceptible of any definition" -- with the barriers to keep a vaulting Chief Executive in his place, that great constitutionalist said:
"The value, however, of these constitutional guarantees wholly depends upon whether they are fairly interpreted, and justly and with even hand fully and fearlessly enforced by the courts. . . .
"If there is any problem which can be said to be yet unsettled, it is whether the Bench of this country, State and Federal, is able to bear the burden of supporting under all circumstances the Fundamental Law against popular, or supposed popular, demands for enactments in conflict with it."
The Judiciary, respecting which Judge Dillon had misgivings half a century ago, has certainly not grown stronger.
Whence authority to destroy productive land?
What overpowering necessity called for the drowning of 500,000 acres of cultivated land which the Farm Bureau of Tennessee found in 1941 to be producing each year crops valued at $14,415,300? Could the furnishing of cheap electric power by the President's new "yardstick" to powerful patrons of the Tennessee Valley Authority justify the de-


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struction of this natural value of the Earth? When the Salt River Valley had recently been reclaimed by irrigation from the desert and made immensely fertile and productive, and when other reclamation projects had been carried out and more were in prospect, by what line of reasoning could any "planner" have concluded that it was desirable to submerge forever more than half a million acres of the rich bottom lands along the Tennessee River?
But that destruction of fertile lands displaced 13,433 families, or 56,000 persons, and sent them adrift, as the war in Europe displaced persons and sent them wandering. For those in Europe we have expressed much compassion and to them we have given much help; but there has been no sorrowing over the displaced persons in the Tennessee Valley. True, those who were displaced in that Valley were paid for their lands, so far as money can compensate for the loss of homes sanctified by long living and clustered with the memories of generations.
Irreplaceable loss of production from land
Yet, even if the compensation had been sufficient to cover every element of value entering into the worth of a long-established home, there still remained, and will forever remain, unpaid for, the yearly production of $14,415,300 of foodstuffs and other products given by the land and needed and consumed by the American people. And even if the displaced persons found employment in the electric power plants which the Government set up without authority from the Constitution, who on earth had authority to determine that it was better for those persons to exchange the independence and security of life on their lands for the uncertainty of subsistence from a pay roll


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which is liable to be suspended at any time without any explanation to them?
Fascism thrust upon Tennessee Valley
As previously indicated, the people of the Tennessee Valley did not ask for the submergence of their lands.
Those adventures by means of Fascist corporations are probably the worst aggressions by Congress and the President upon the liberty and the property rights of the Americans.

All who have become enthusiastic over the "success" of the Tennessee Valley Authority, and of the other projects of Government for manufacturing electric power for the commercial market by using the money of the taxpayers without asking their permission, should think again and carefully consider the warning given centuries ago by Authority, namely, that men may gain the whole world and still be heavy losers.

Thanks to the folks over at Barefoot's world.  http://www.barefootsworld.net

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