Friday, March 28, 2014

The Death of a Star, By; Van Syla - Free Album Downloads

Ruralis syla
Ruralis syla (Photo credit: Wikipedia)



The Death of a Star by Van Syla.  Ambient tunes for something different.  An interesting mix with plenty of piano play throughout.  All the music here is free to download and play as much as you want.  Share it with friends there are no issues with violating someone's copyright as long as you are not trying to resell the music or using it in a commercial way.
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Maxims for Revolutionists by George Bernard Shaw

The 1596 Book of Common Prayer
The 1596 Book of Common Prayer (Photo credit: Wikipedia)

Or The ramblings of a fool.

THE GOLDEN RULE

Do not do unto others as you would that they should do unto you. Their tastes may not be the same.
Never resist temptation: prove all things: hold fast that which is good.
Do not love your neighbor as yourself. If you are on good terms with yourself it is an impertinence: if on bad, an injury.
The golden rule is that there are no golden rules.

IDOLATRY

The art of government is the organization of idolatry.
The bureaucracy consists of functionaries; the aristocracy, of idols; the democracy, of idolaters.
The populace cannot understand the bureaucracy: it can only worship the national idols.
The savage bows down to idols of wood and stone: the civilized man to idols of flesh and blood.
A limited monarchy is a device for combining the inertia of a wooden idol with the credibility of a flesh and blood one.
When the wooden idol does not answer the peasant's prayer, he beats it: when the flesh and blood idol does not satisfy the civilized man, he cuts its head off.
He who slays a king and he who dies for him are alike idolaters.

ROYALTY

Kings are not born: they are made by artificial hallucination. When the process is interrupted by adversity at a critical age, as in the case of Charles II, the subject becomes sane and never completely recovers his kingliness.
The Court is the servant's hall of the sovereign.
Vulgarity in a king flatters the majority of the nation.
The flunkeyism propagated by the throne is the price we pay for its political convenience.

DEMOCRACY

If the lesser mind could measure the greater as a foot-rule can measure a pyramid, there would be finality in universal suffrage. As it is, the political problem remains unsolved.
Democracy substitutes election by the incompetent many for appointment by the corrupt few.
Democratic republics can no more dispense with national idols than monarchies with public functionaries.
Government presents only one problem: the discovery of a trustworthy anthropometric method.

IMPERIALISM

Excess of insularity makes a Briton an Imperialist.
Excess of local self-assertion makes a colonist an Imperialist.
A colonial Imperialist is one who raises colonial troops, equips a colonial squadron, claims a Federal Parliament sending its measures to the Throne instead of to the Colonial Office, and, being finally brought by this means into insoluble conflict with the insular British Imperialist, "cuts the painter" and breaks up the Empire.

LIBERTY AND EQUALITY

He who confuses political liberty with freedom and political equality with similarity has never thought for five minutes about either.
Nothing can be unconditional: consequently nothing can be free.
Liberty means responsibility. That is why most men dread it.
The duke inquires contemptuously whether his gamekeeper is the equal of the Astronomer Royal; but he insists that they shall both be hanged equally if they murder him.
The notion that the colonel need be a better man than the private is as confused as the notion that the keystone need be stronger than the coping stone.
Where equality is undisputed, so also is subordination.
Equality is fundamental in every department of social organization.
The relation of superior to inferior excludes good manners.

EDUCATION

When a man teaches something he does not know to somebody else who has no aptitude for it, and gives him a certificate of proficiency, the latter has completed the education of a gentleman.
A fool's brain digests philosophy into folly, science into superstition, and art into pedantry. Hence University education.
The best brought-up children are those who have seen their parents as they are. Hypocrisy is not the parent's first duty.
The vilest abortionist is he who attempts to mould a child's character.
At the University every great treatise is postponed until its author attains impartial judgment and perfect knowledge. If a horse could wait as long for its shoes and would pay for them in advance, our blacksmiths would all be college dons.
He who can, does. He who cannot, teaches.
A learned man is an idler who kills time with study. Beware of his false knowledge: it is more dangerous than ignorance.
Activity is the only road to knowledge.
Every fool believes what his teachers tell him, and calls his credulity science or morality as confidently as his father called it divine revelation.
No man fully capable of his own language ever masters another.
No man can be a pure specialist without being in the strict sense an idiot.
Do not give your children moral and religious instruction unless you are quite sure they will not take it too seriously. Better be the mother of Henri Quatre and Nell Gwynne than of Robespierre and Queen Mary Tudor.

MARRIAGE

Marriage is popular because it combines the maximum of temptation with the maximum of opportunity.
Marriage is the only legal contract which abrogates as between the parties all the laws that safeguard the particular relation to which it refers.
The essential function of marriage is the continuance of the race, as stated in the Book of Common Prayer.
The accidental function of marriage is the gratification of the amoristic sentiment of mankind.
The artificial sterilization of marriage makes it possible for marriage to fulfill its accidental function whilst neglecting its essential one.
The most revolutionary invention of the XIX century was the artificial sterilization of marriage.
Any marriage system which condemns a majority of the population to celibacy will be violently wrecked on the pretext that it outrages morality.
Polygamy, when tried under modern democratic conditions, as by the Mormons, is wrecked by the revolt of the mass of inferior men who are condemned to celibacy by it; for the maternal instinct leads a woman to prefer a tenth share in a first rate man to the exclusive possession of a third rate one. Polyandry has not been tried under these conditions.
The minimum of national celibacy (ascertained by dividing the number of males in the community by the number of females, and taking the quotient as the number of wives or husbands permitted to each person) is secured in England (where the quotient is 1) by the institution of monogamy.
The modern sentimental term for the national minimum of celibacy is
Purity.
Marriage, or any other form of promiscuous amoristic monogamy, is fatal to large States because it puts its ban on the deliberate breeding of man as a political animal.

CRIME AND PUNISHMENT

All scoundrelism is summed up in the phrase "Que Messieurs les Assassins commencent!"
The man who has graduated from the flogging block at Eton to the bench from which he sentences the garotter to be flogged is the same social product as the garotter who has been kicked by his father and cuffed by his mother until he has grown strong enough to throttle and rob the rich citizen whose money he desires.
Imprisonment is as irrevocable as death.
Criminals do not die by the hands of the law. They die by the hands of other men.
The assassin Czolgosz made President McKinley a hero by assassinating him. The United States of America made Czolgosz a hero by the same process.
Assassination on the scaffold is the worst form of assassination, because there it is invested with the approval of society.
It is the deed that teaches, not the name we give it. Murder and capital punishment are not opposites that cancel one another, but similars that breed their kind.
Crime is only the retail department of what, in wholesale, we call penal law.
When a man wants to murder a tiger he calls it sport: when the tiger wants to murder him he calls it ferocity. The distinction between Crime and Justice is no greater.
Whilst we have prisons it matters little which of us occupy the cells.
The most anxious man in a prison is the governor.
It is not necessary to replace a guillotined criminal: it is necessary to replace a guillotined social system.

TITLES

Titles distinguish the mediocre, embarrass the superior, and are disgraced by the inferior.
Great men refuse titles because they are jealous of them.

HONOR

There are no perfectly honorable men; but every true man has one main point of honor and a few minor ones.
You cannot believe in honor until you have achieved it. Better keep yourself clean and bright: you are the window through which you must see the world.
Your word can never be as good as your bond, because your memory can never be as trustworthy as your honor.

PROPERTY

Property, said Proudhon, is theft. This is the only perfect truism that has been uttered on the subject.

SERVANTS

When domestic servants are treated as human beings it is not worth while to keep them.
The relation of master and servant is advantageous only to masters who do not scruple to abuse their authority, and to servants who do not scruple to abuse their trust.
The perfect servant, when his master makes humane advances to him, feels that his existence is threatened, and hastens to change his place.
Masters and servants are both tyrannical; but the masters are the more dependent of the two.
A man enjoys what he uses, not what his servants use.
Man is the only animal which esteems itself rich in proportion to the number and voracity of its parasites.
Ladies and gentlemen are permitted to have friends in the kennel, but not in the kitchen.
Domestic servants, by making spoiled children of their masters, are forced to intimidate them in order to be able to live with them.
In a slave state, the slaves rule: in Mayfair, the tradesman rules.

HOW TO BEAT CHILDREN

If you strike a child, take care that you strike it in anger, even at the risk of maiming it for life. A blow in cold blood neither can nor should be forgiven.
If you beat children for pleasure, avow your object frankly, and play the game according to the rules, as a foxhunter does; and you will do comparatively little harm. No foxhunter is such a cad as to pretend that he hunts the fox to teach it not to steal chickens, or that he suffers more acutely than the fox at the death. Remember that even in childbeating there is the sportsman's way and the cad's way.

RELIGION

Beware of the man whose god is in the skies.
What a man believes may be ascertained, not from his creed, but from the assumptions on which he habitually acts.

VIRTUES AND VICES

No specific virtue or vice in a man implies the existence of any other specific virtue or vice in him, however closely the imagination may associate them.
Virtue consists, not in abstaining from vice, but in not desiring it.
Self-denial is not a virtue: it is only the effect of prudence on rascality.
Obedience simulates subordination as fear of the police simulates honesty.
Disobedience, the rarest and most courageous of the virtues, is seldom distinguished from neglect, the laziest and commonest of the vices.
Vice is waste of life. Poverty, obedience, and celibacy are the canonical vices.
Economy is the art of making the most of life.
The love of economy is the root of all virtue.

FAIRPLAY

The love of fairplay is a spectator's virtue, not a principal's.

GREATNESS

Greatness is only one of the sensations of littleness.
In heaven an angel is nobody in particular.
Greatness is the secular name for Divinity: both mean simply what lies beyond us.
If a great man could make us understand him, we should hang him.
We admit that when the divinity we worshipped made itself visible and comprehensible we crucified it.
To a mathematician the eleventh means only a single unit: to the bushman who cannot count further than his ten fingers it is an incalculable myriad.
The difference between the shallowest routineer and the deepest thinker appears, to the latter, trifling; to the former, infinite.
In a stupid nation the man of genius becomes a god: everybody worships him and nobody does his will.

BEAUTY AND HAPPINESS, ART AND RICHES

Happiness and Beauty are by-products.
Folly is the direct pursuit of Happiness and Beauty.
Riches and Art are spurious receipts for the production of Happiness and
Beauty.
He who desires a lifetime of happiness with a beautiful woman desires to enjoy the taste of wine by keeping his mouth always full of it.
The most intolerable pain is produced by prolonging the keenest pleasure.
The man with toothache thinks everyone happy whose teeth are sound. The poverty stricken man makes the same mistake about the rich man.
The more a man possesses over and above what he uses, the more careworn he becomes.
The tyranny that forbids you to make the road with pick and shovel is worse than that which prevents you from lolling along it in a carriage and pair.
In an ugly and unhappy world the richest man can purchase nothing but ugliness and unhappiness.
In his efforts to escape from ugliness and unhappiness the rich man intensifies both. Every new yard of West End creates a new acre of East End.
The XIX century was the Age of Faith in Fine Art. The results are before us.

THE PERFECT GENTLEMAN

The fatal reservation of the gentleman is that he sacrifices everything to his honor except his gentility.
A gentleman of our days is one who has money enough to do what every fool would do if he could afford it: that is, consume without producing.
The true diagnostic of modern gentility is parasitism.
No elaboration of physical or moral accomplishment can atone for the sin of parasitism.
A modern gentleman is necessarily the enemy of his country. Even in war he does not fight to defend it, but to prevent his power of preying on it from passing to a foreigner. Such combatants are patriots in the same sense as two dogs fighting for a bone are lovers of animals.
The North American Indian was a type of the sportsman warrior gentleman. The Periclean Athenian was a type of the intellectually and artistically cultivated gentleman. Both were political failures. The modern gentleman, without the hardihood of the one or the culture of the other, has the appetite of both put together. He will not succeed where they failed.
He who believes in education, criminal law, and sport, needs only property to make him a perfect modern gentleman.

MODERATION

Moderation is never applauded for its own sake.
A moderately honest man with a moderately faithful wife, moderate drinkers both, in a moderately healthy house: that is the true middle class unit.

THE UNCONSCIOUS SELF

The unconscious self is the real genius. Your breathing goes wrong the moment your conscious self meddles with it.
Except during the nine months before he draws his first breath, no man manages his affairs as well as a tree does.

REASON

The reasonable man adapts himself to the world: the unreasonable one persists in trying to adapt the world to himself. Therefore all progress depends on the unreasonable man.
The man who listens to Reason is lost: Reason enslaves all whose minds are not strong enough to master her.

DECENCY

Decency is Indecency's Conspiracy of Silence.

EXPERIENCE

Men are wise in proportion, not to their experience, but to their capacity for experience.
If we could learn from mere experience, the stones of London would be wiser than its wisest men.

TIME'S REVENGES

Those whom we called brutes had their revenge when Darwin shewed us that they are our cousins.
The thieves had their revenge when Marx convicted the bourgeoisie of theft.

GOOD INTENTIONS

Hell is paved with good intentions, not with bad ones.
All men mean well.

NATURAL RIGHTS

The Master of Arts, by proving that no man has any natural rights, compels himself to take his own for granted.
The right to live is abused whenever it is not constantly challenged.

FAUTE DE MIEUX

In my childhood I demurred to the description of a certain young lady as "the pretty Miss So and So." My aunt rebuked me by saying "Remember always that the least plain sister is the family beauty."
No age or condition is without its heroes. The least incapable general in a nation is its Cæsar, the least imbecile statesman its Solon, the least confused thinker its Socrates, the least commonplace poet its Shakespear.

CHARITY

Charity is the most mischievous sort of pruriency.
Those who minister to poverty and disease are accomplices in the two worst of all the crimes.
He who gives money he has not earned is generous with other people's labor.
Every genuinely benevolent person loathes almsgiving and mendicity.

FAME

Life levels all men: death reveals the eminent.

DISCIPLINE

Mutiny Acts are needed only by officers who command without authority.
Divine right needs no whip.

WOMEN IN THE HOME

Home is the girl's prison and the woman's workhouse.

CIVILIZATION

Civilization is a disease produced by the practice of building societies with rotten material.
Those who admire modern civilization usually identify it with the steam engine and the electric telegraph.
Those who understand the steam engine and the electric telegraph spend their lives in trying to replace them with something better.
The imagination cannot conceive a viler criminal than he who should build another London like the present one, nor a greater benefactor than he who should destroy it.

GAMBLING

The most popular method of distributing wealth is the method of the roulette table.
The roulette table pays nobody except him that keeps it. Nevertheless a passion for gaming is common, though a passion for keeping roulette tables is unknown.
Gambling promises the poor what Property performs for the rich: that is why the bishops dare not denounce it fundamentally.

THE SOCIAL QUESTION

Do not waste your time on Social Questions. What is the matter with the poor is Poverty: what is the matter with the rich is Uselessness.

STRAY SAYINGS

We are told that when Jehovah created the world he saw that it was good.
What would he say now?
The conversion of a savage to Christianity is the conversion of
Christianity to savagery.
No man dares say so much of what he thinks as to appear to himself an extremist.
Mens sana in corpore sano is a foolish saying. The sound body is a product of the sound mind.
Decadence can find agents only when it wears the mask of progress.
In moments of progress the noble succeed, because things are going their way: in moments of decadence the base succeed for the same reason: hence the world is never without the exhilaration of contemporary success.
The reformer for whom the world is not good enough finds himself shoulder to shoulder with him that is not good enough for the world.
Every man over forty is a scoundrel.
Youth, which is forgiven everything, forgives itself nothing: age, which forgives itself everything, is forgiven nothing.
When we learn to sing that Britons never will be masters we shall make an end of slavery.
Do not mistake your objection to defeat for an objection to fighting, your objection to being a slave for an objection to slavery, your objection to not being as rich as your neighbor for an objection to poverty. The cowardly, the insubordinate, and the envious share your objections.
Take care to get what you like or you will be forced to like what you get. Where there is no ventilation fresh air is declared unwholesome. Where there is no religion hypocrisy becomes good taste. Where there is no knowledge ignorance calls itself science.
If the wicked flourish and the fittest survive, Nature must be the God of rascals.
If history repeats itself, and the unexpected always happens, how incapable must Man be of learning from experience!
Compassion is the fellow-feeling of the unsound.
Those who understand evil pardon it: those who resent it destroy it.
Acquired notions of propriety are stronger than natural instincts. It is easier to recruit for monasteries and convents than to induce an Arab woman to uncover her mouth in public, or a British officer to walk through Bond Street in a golfing cap on an afternoon in May.
It is dangerous to be sincere unless you are also stupid.
The Chinese tame fowls by clipping their wings, and women by deforming their feet. A petticoat round the ankles serves equally well.
Political Economy and Social Economy are amusing intellectual games; but
Vital Economy is the Philosopher Stone.
When a heretic wishes to avoid martyrdom he speaks of "Orthodoxy, True and False" and demonstrates that the True is his heresy.
Beware of the man who does not return your blow: he neither forgives you nor allows you to forgive yourself.
If you injure your neighbor, better not do it by halves.
Sentimentality is the error of supposing that quarter can be given or taken in moral conflicts.
Two starving men cannot be twice as hungry as one; but two rascals can be ten times as vicious as one.
Make your cross your crutch; but when you see another man do it, beware of him.

SELF-SACRIFICE

Self-sacrifice enables us to sacrifice other people without blushing.
If you begin by sacrificing yourself to those you love, you will end by hating those to whom you have sacrificed yourself.

THE END


Our Notes:  George Bernard Shaw was a member of the Fabian Society.  An order of nihilistic socialists who's works we are seeing come to completion in this day and age.   The Fabians were self confessed Anarchists.  A group who despised freedom and religion except their own religion which consisted of the worship of demons and Lucifer from what we have traced.  Above in the writings of George Bernard Shaw are not words of wisdom, but instead nihilistic filth designed to defile the minds of men.
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Letter From Thomas Jefferson to James Madison

English: A Portrait of Thomas Jefferson as Sec...
English: A Portrait of Thomas Jefferson as Secretary of State. (Photo credit: Wikipedia)
Paris, December 16, 1786.
Dear Sir,—After a very long silence, I am at length able to write to you. An unlucky dislocation of my right wrist, has disabled me from using that hand, three months. I now begin to use it a little, but with great pain; so that this letter must be taken up at such intervals as the state of my hand will permit, and will probably be the work of some days. Though the joint seems to be well set, the swelling does not abate, nor the use of it return. I am now, therefore, on the point of setting out to the south of France, to try the use of some mineral waters there, by immersion. This journey will be of two or three months.

I enclose you herein a copy of the letter from the Minister of Finance to me, making several advantageous regulations for our commerce. The obtaining this has occupied us a twelve month. I say us, because I find the Marquis de La Fayette so useful an auxiliary, that acknowledgments for his co-operation are always due. There remains still something to do for the articles of rice, turpentine, and ship duties. What can be done for tobacco, when the late regulation expires, is very uncertain. The commerce between the United States and this country being put on a good footing, we may afterwards proceed to try if anything can be done, to favor our intercourse with her colonies. Admission into them for our fish and flour, is very desirable; but, unfortunately, both those articles would raise a competition against their own.

I find by the public papers, that your commercial convention failed in point of representation. If it should produce a full meeting in May, and a broader reformation, it will still be well. To make us one nation as to foreign concerns, and keep us distinct in domestic ones, gives the outline of the proper division of powers between the general and particular governments. But, to enable the federal head to exercise the powers given it to best advantage, it should be organized as the particular ones are, into legislative, executive, and judiciary. The first and last are already separated. The second should be. When last with Congress, I often proposed to members to do this, by making of the committee of the States, an executive committee during the recess of Congress, and, during its sessions, to appoint a committee to receive and despatch all executive business, so that Congress itself should meddle only with what should be legislative. But I question if any Congress (much less all successively) can have self-denial enough to go through with this distribution. The distribution, then, should be imposed on them. I find Congress have reversed their division of the western States, and proposed to make them fewer and larger. This is reversing the natural order of things. A tractable people may be governed in large bodies; but, in proportion as they depart from this character, the extent of their government must be less. We see into what small divisions the Indians are obliged to reduce their societies. This measure, with the disposition to shut up the Mississippi, gives me serious apprehensions of the severance of the eastern and western parts of our confederacy. It might have been made the interest of the western States to remain united with us, by managing their interests honestly, and for their own good. But, the moment we sacrifice their interests to our own, they will see it better to govern themselves. The moment they resolve to do this, the point is settled. A forced connection is neither our interest, nor within our power.

The Virginia act for religious freedom has been received with infinite approbation in Europe, and propagated with enthusiasm. I do not mean by the governments, but by the individuals who compose them. It has been translated into French and Italian, has been sent to most of the courts of Europe, and has been the best evidence of the falsehood of those reports which stated us to be in anarchy. It is inserted in the new "Encyclopédie," and is appearing in most of the publications respecting America. In fact, it is comfortable to see the standard of reason at length erected, after so many ages, during which the human mind has been held in vassalage by kings, priests, and nobles; and it is honorable for us, to have produced the first legislature who had the courage to declare, that the reason of man may be trusted with the formation of his own opinions.
*    *    *    *    *    *    *    *    *
I thank you for your communications in Natural History. The several instances of trees, &c., found far below the surface of the earth, as in the case of Mr. Hay's well, seem to set the reason of man at defiance.

I am, dear Sir, with sincere esteem, your friend and servant.
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Undermining The Constitution A HISTORY OF LAWLESS GOVERNMENT (Part 6)

Chief Justice John Marshall established a broa...
Chief Justice John Marshall established a broad interpretation of the Commerce Clause. (Photo credit: Wikipedia)
By Thomas James Norton


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
in enacting the Packers and Stockyards Act of August 15, 1921, Congress did not move in obedience to powerful voting groups, as it did when it passed An Act for the Promotion of the Welfare and Hygiene of Maternity and Infancy, and for Other Purposes, and as it did in passing the bills on Child Labor.
It had no apparent reason for disregarding the Tenth Amendment and meddling in the duties of the States. There may have been complaints about the charges or services to the public of the stockyards at Chicago. If there had been dissatisfaction in that respect, the complaints should have been lodged with the commission of Illinois having authority. No default in the service of a corporation of a State could have given jurisdiction to Congress.
A belief of many dangerous to constitutionalism
While the opinion has often been expressed by persons otherwise well educated that if a State will not perform
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its duty, then let the Nation do it, the Constitution is not changeable that way: An amendment is necessary to a change. The idea, however, is startlingly prevalent. Multitudes believe that the National Government should take over more often than it has done.
Whatever the urge, Congress stepped into Illinois and took the control of the stockyards at Chicago away from the State. The sanction in 1922 by the Supreme Court (258 U. S. 495) of the action of Congress made the law effective as to stockyards on railroads in other States, and managing bureaus moved in.
The action by Congress was under the Commerce Clause of the Constitution, which empowers it "to regulate commerce among the several States." This clause and the General Welfare Clause are the two stand-bys for Congress when it finds the Tenth Amendment in its way of stripping the States and The People of their freedoms.
Governor Roosevelt condemned congressional invasion of States
The Packers and Stockyards case was undoubtedly in the mind of Governor Franklin D. Roosevelt of New York when, in 1929, addressing a meeting of governors, he condemned unsparingly the "stretching" of the Commerce Clause by Congress to cover its intrusions into the States.
The stockyards at Chicago were being regulated by the State of Illinois. Livestock coming from other States was unloaded at the yards, fed and sheltered. Dealers in livestock had offices in or near the yards and made purchases there. Most of the animals received at the stockyards were taken by the large packing companies and manufactured into beef, pork, and other meats and foods. Those manufactured products were in part shipped out of Illinois to other States.


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Someone in Congress or elsewhere conceived the idea that the transportation of freight was continuous, from the feeding lots where the livestock was fattened to the States in which the meats were consumed, and that therefore Illinois should have no control of such "interstate" commerce.
Stockyards Act superfluous as well as illegal
In the statement of facts preceding the opinion by Chief Justice Taft, it was said that "the act seeks to regulate the business of packers done in interstate commerce." But that could have been done without usurping the police power of the State of Illinois over a local industry. For the Sherman Anti-Trust Law had been enacted in 1891, thirty years before, to prevent or remove the conspiracies and combinations in restraint of trade and competition which were in this case charged against the packers.[1] The Chief Justice said that the Packers and Stockyards Act "forbids unfair, discriminatory and deceptive practices in such commerce" -- precisely what the Sherman Law had long forbidden. Except that the Sherman Law was not an invasion of the State in disregard of the Tenth Amendment. The Packers and Stockyards Act was.
The Act made the Secretary of Agriculture a tribunal to
1. The Sherman Law was supplemented in 1914 by the Clayton Act. In the same year the Federal Trade Commission Law was enacted to prevent "unfair methods in competition in interstate commerce."
In suits under the Sherman Law combinations like Standard Oil and Northern Securities were broken apart. But each of the leading parties charges the other with failure during its time in office to enforce the anti-trust laws. Senator Borah said in a speech to his colleagues that each party is enthusiastic for regulation of too-big business only in campaign time. It is a question whether the magnitude of many industrial and commercial organizations may affect people toward a belief in Socialism or Communism.


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hear complaints of unfair and monopolistic practices and to make desist orders. That was unnecessary, for courts of equity had been giving such remedies under the Sherman Law.
Sherman Law had proved its complete adequacy
Indeed, as far back as 1905 a decree in a suit under the Sherman Law ordered (196 U.S. 875) the packers to desist from monopolistic practices in their trade in interstate commerce. And following the report of the Federal Trade Commission, and before the passage of the Packers and Stockyards Act, a bill was filed in a Federal Court of the District of Columbia to enjoin the Big Five packers from monopolistic practices in the purchase of livestock and the sale and distribution of meats. To a decree stopping the monopolistic practices complained of, the packers consented.
In 1912 these same packers had been indicted for monopolistic practices in violation of the Sherman Anti-Trust Law and upon trial were acquitted.
The Sherman Law also proved adequate to break up Standard Oil, Northern Securities, and many other powerful monopolies.
As has been shown, the courts had many times, under the Sherman Anti-Trust Law, made such combinations give up their controlling shares of stock and desist from the other practices complained of. There was no need for further legislation. The Interstate Commerce Commission had been, under the Commerce Clause, regulating transportation of commerce for more than a third of a century, and the Federal Trade Commission, under the Act of 1914, under the same clause, had for several years been


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making orders respecting fair practices in trade and commerce.
Long line of holdings submerged by Stockyards decisions
The decision in the Stockyards case was contrary to a long line of holdings by the Interstate Commerce Commission and the courts that interstate commerce begins upon the delivery of a shipment to a carrier consigned (addressed) to a point in another State, and that it ends upon delivery to the consignee. It was held, for illustration, in another case, that a shipment of property so delivered became taxable by the State where it was received. By many similar decisions the difference between interstate commerce and intrastate commerce had been clearly defined. By the definition so worked out the stockyards company in Chicago, chartered to provide for profit yardage, feed, and care for livestock, was no more engaged in interstate commerce subject to Congressional regulation than was a grocer in a nearby street receiving goods from another State. That the animals were later to go to other States in the form of foods did not make a through interstate shipment of the animals part of the way and the foods at another time the remainder of the distance.
Theory of decision of Supreme Court
The Supreme Court said that the Act treated all stockyards "as great national public utilities." But to call companies operating local yards for feeding and otherwise caring for livestock consigned to them and for facilitating local transactions between sellers and buyers, "great national public utilities," could not change the facts or con-


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fer jurisdiction on Congress to regulate their business to the ousting of the constitutional jurisdiction of the States.
However, the Supreme Court held (258 U. S. 495) otherwise, Justice McReynolds dissenting and Justice Day not sitting.
This decision is to be used later to support the extravagancies of the National Labor Relations Act as being, not what its title calls it, but a law regulating commerce among the States in accordance with the Commerce Clause of the Constitution!
Fond hope of Madison dashed
Madison fondly believed that the States would rise unanimously against any aggression by the National Government upon their local authority (The Federalist, No. 46):
"But ambitious encroachments of the Federal Government on the authority of the State governments would not excite the opposition of a single State or of a few States only. They would be signals of general alarm. Every government would espouse the common cause. A correspondence would be opened. Plans of resistance would be concerted. One spirit would animate and conduct the whole."
Those revolutionary worthies could not conceive of the pusillanimity of a century and a half thereafter! The representatives of the people of the States in Government have originated most of the invasions of the States.


[And Much Worse Two Centuries Thereafter in the 21st Century !!]

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Anti Federalist Papers No's 41-43 A, Powers of The Constitution

Taken from "THE FEDERAL FARMER"

. . . . A federal republic in itself supposes state or local governments to exist, as the body or props, on which the federal bead rests, and that it cannot remain a moment after they cease. In erecting the federal government, and always in its councils, each state must be known as a sovereign body. But in erecting this government, I conceive, the legislature of the state, by the expressed or implied assent of the people, or the people of the state, under the direction of the government of it, may accede to the federal compact. Nor do I conceive it to be necessarily a part of a confederacy of states, that each have an equal voice in the general councils. A confederated republic being organized, each state must retain powers for managing its internal police, and all delegate to the union power to manage general concerns. The quantity of power the union must possess is one thing; the mode of exercising the powers given is quite a different consideration - and it is the mode of exercising them, that makes one of the essential distinctions between one entire or consolidated government, and a federal republic. That is, however the government may be organized, if the laws of the union, in most important concerns, as in levying and collecting taxes, raising troops, etc. , operate immediately upon the persons and property of individuals, and not on states, extend to organizing the militia, etc. , the government, as to its administration, as to making and executing laws, is not federal, but consolidated. To illustrate my idea: the union makes a requisition, and assigns to each state its quota of men or monies wanted; each state, by its own laws and officers, in its own way, furnishes its quota. Here the state governments stand between the union and individuals; the laws of the union operate only on states, as such, and federally. Here nothing can be done without the meetings of the state legislatures. But in the other case the union, though the state legislatures should not meet for years together, proceeds immediately by its own laws and officers to levy and collect monies of individuals, to enlist men, form armies, etc. Here the laws of the union operate immediately on the body of the people, on persons and property. In the same manner the laws of one entire consolidated government operate. These two modes are very distinct, and in their operation and consequences have directly opposite tendencies. . . . I am not for depending wholly on requisitions.
Since the peace, and till the convention reported, the wisest men in the United States generally supposed that certain limited funds would answer the purposes of the union. And though the states are by no means in so good a condition as I wish they were, yet, I think, I may very safely affirm, they are in a better condition than they would be had congress always possessed the powers of taxation now contended for. The fact is admitted, that our federal government does not possess sufficient powers to give life and vigor to the political system; and that we experience disappointments, and several inconveniences. But we ought carefully to distinguish those which are merely the consequences of a severe and tedious war, from those which arise from defects in the federal system. There has been an entire revolution in the United States within thirteen years, and the least we can compute the waste of labor and property at, during that period, by the war, is three hundred millions of dollars. Our people are like a man just recovering from a severe fit of sickness. It was the war that disturbed the course of commerce introduced floods of paper money, the stagnation of credit, and threw many valuable men out of steady business. From these sources our greatest evils arise. Men of knowledge and reflection must perceive it. But then, have we not done more in three or four years past, in repairing the injuries of the war, by repairing houses and estates, restoring industry, frugality, the fisheries, manufactures, etc. , and thereby laying the foundation of good government, and of individual and political happiness, than any people ever did in a like time? We must judge from a view of the country and facts, and not from foreign newspapers, or our own, which are printed chiefly in the commercial towns, where imprudent living, imprudent importations, and many unexpected disappointments, have produced a despondency, and a disposition to view everything on the dark side. Some of the evils we feel, all will agree, ought to be imputed to the defective administration of the governments.
From these and various considerations, I am very clearly of opinion that the evils we sustain merely on account of the defects of the confederation, ar but as a feather in the balance against a mountain, compared with those which would infallibly be the result of the loss of general liberty, and that happiness men enjoy under a frugal, free, and mild government.
Heretofore we do not seem to have seen danger any where, but in giving power to congress, and now no where but in congress wanting powers; and without examining the extent of the evils to be remedied, by one step we ar for giving up to congress almost all powers of any importance without limitation. The defects of the confederation are extravagantly magnified, an every species of pain we feel imputed to them; and hence it is inferred, the must be a total change of the principles, as well as forms of government And in the main point, touching the federal powers, we rest all on a logical inference, totally inconsistent with experience and sound political reasoning.
It is said, that as the federal head must make peace and war, and provide for the common defense, it ought to possess all powers necessary to that end. That powers unlimited, as to the purse and sword, to raise men and monies and form the militia, are necessary to that end; and therefore, the federal head ought to possess them. This reasoning is far more specious than solid. It is necessary that these powers so exist in the body politic, as to be called into exercise whenever necessary for the public safety. But it is by no means true that the man, or congress of men, whose duty it more immediately is to provide for the common defense, ought to possess them without limitation. But clear it is, that if such men, or congress, be not in a situation to hold them without danger to liberty, he or they ought not to possess them. It has long been thought to be a well founded position, that the purse and sword ought not to be placed in the same hands in a free government. Our wise ancestors have carefully separated them - placed the sword in the hands of their king, even under considerable limitations, and the purse in the hands of the commons alone. Yet the king makes peace and war, and it is his duty to provide for the common defense of the nation. This authority at least goeth thus far - that a nation, well versed in the science of government, does not conceive it to be necessary or expedient for the man entrusted with the common defense and general tranquility, to possess unlimitedly the power in question, or even in any considerable degree. Could he, whose duty it is t defend the public, possess in himself independently, all the means of doing it consistent with the public good, it might be convenient. But the people o England know that their liberties and happiness would be in infinitely great danger from the king's unlimited possession of these powers, than from al external enemies and internal commotions to which they might be exposed Therefore, though they have made it his duty to guard the empire, yet the have wisely placed in other hands, the hands of their representatives, the power to deal out and control the means. In Holland their high mightiness must provide for the common defense, but for the means they depend in considerable degree upon requisitions made on the state or local assemblies Reason and facts evince, that however convenient it might be for an executive magistrate, or federal head, more immediately charged with the national defense and safety, solely, directly, and independently to possess all the means, yet such magistrate or head never ought to possess them if thereby the public liberties shall be endangered. The powers in question never have been, by nations wise and free, deposited, nor can they ever be, with safety, any where out of the principal members of the national system. Where these form one entire government, as in Great Britain, they are separated and lodged in the principal members of it. But in a federal republic, there is quite a different organization; the people form this kind of government, generally, because their territories are too extensive to admit of their assembling in one legislature, or of executing the laws on free principles under one entire government. They Convene in their local assemblies, for local purposes, and for managing their internal concerns, and unite their states under a federal head for general purposes. It is the essential characteristic of a confederated republic, that this head be dependent on, and kept within limited bounds by the local governments; and it is because, in these alone, in fact, the people can be substantially assembled or represented. It is, therefore, we very universally see, in this kind of government, the congressional powers placed in a few hands, and accordingly limited, and specifically enumerated; and the local assemblies strong and well guarded, and composed of numerous members. Wise men will always place the controlling power where the people are substantially collected by their representatives. By the proposed system the federal head will possess, without limitation, almost every species of power that can, in its exercise, tend to change the government, or to endanger liberty; while in it, I think it has been fully shown, the people will have but the shadow of representation, and but the shadow of security for their rights and liberties. In a confederated republic, the division of representation, etc. , in its nature, requires a correspondent division and deposit of powers, relative to taxes and military concerns. And I think the plan offered stands quite alone, in confounding the principles of governments in themselves totally distinct. I wish not to exculpate the states for their improper neglects in not paying their quotas of requisitions. But, in applying the remedy, we must be governed by reason and facts. It will not be denied that the people have a right to change the government when the majority choose it, if not restrained by some existing compact; that they have a right to displace their rulers, and consequently to determine when their measures are reasonable or not; and that they have a right, at any time, to put a stop to those measures they may deem prejudicial to them, by such forms and negatives as they may see fit to provide. From all these, and many other well founded considerations, I need not mention, a question arises, what powers shall there be delegated to the federal head, to insure safety, as well as energy, in the government? I think there is a safe and proper medium pointed out by experience, by reason, and facts. When we have organized the government, we ought to give power to the union, so far only as experience and present circumstances shall direct, with a reasonable regard to time to come.
Should future circumstances, contrary to our expectations, require that further powers be transferred to the union, we can do it far more easily, than get back those we may now imprudently give. The system proposed is untried. Candid advocates and opposers admit, that it is in a degree, a mere experiment, and that its organization is weak and imperfect. Surely then, the safe ground is cautiously to vest power in it, and when we are sure we have given enough for ordinary exigencies, to be extremely careful how we delegate powers, which, in common cases, must necessarily be useless or abused, and of very uncertain effect in uncommon ones. By giving the union power to regulate commerce, and to levy and collect taxes by imposts, we give it an extensive authority, and permanent productive funds, I believe quite as adequate to present demands of the union, as excises and direct taxes can be made to the present demands of the separate states. The state governments are now about four times as expensive as that of the union; and their several state debts added together, are nearly as large as that of the union. Our impost duties since the peace have been almost as productive as the other sources of taxation, and when under one general system of regulations, the probability is that those duties will be very considerably increased. Indeed the representation proposed will hardly justify giving to congress unlimited powers to raise taxes by imposts, in addition to the other powers the union must necessarily have. It is said, that if congress possess only authority to raise taxes by imposts, trade probably will be overburdened with taxes, and the taxes of the union be found inadequate to any uncommon exigencies. To this we may observe, that trade generally finds its own level, and will naturally and necessarily heave off any undue burdens laid upon it. Further, if congress alone possess the impost, and also unlimited power to raise monies by excises and direct taxes, there must be much more danger that two taxing powers, the union and states, will carry excises and direct taxes to an unreasonable extent, especially as these have not the natural boundaries taxes on trade have. However, it is not my object to propose to exclude congress from raising monies by internal taxes, except in strict conformity to the federal plan; that is, by the agency of the state governments in all cases, except where a state shall neglect, for an unreasonable time, to pay its quota of a requisition; and never where so many of the state legislatures as represent a majority of the people, shall formally determine an excise law or requisition is improper, in their next session after the same be laid before them. We ought always to recollect that the evil to be guarded against is found by our own experience, and the experience of others, to be mere neglect in the states to pay their quotas; and power in the union to levy and collect the neglecting states' quotas with interest, is fully adequate to the evil. By this federal plan, with this exception mentioned, we secure the means of collecting the taxes by the usual process of law, and avoid the evil of attempting to compel or coerce a state; and we avoid also a circumstance, which never yet could be, and I am fully confident never can be, admitted in a free federal republic - I mean a permanent and continued system of tax laws of the union, executed in the bowels of the states by many thousand officers, dependent as to the assessing and collecting federal taxes solely upon the union. On every principle, then, we ought to provide that the union render an exact account of all monies raised by imposts and other taxes whenever monies shall be wanted for the purposes of the union beyond the proceeds of the impost duties; requisitions shall be made on the states for the monies so wanted; and that the power of laying and collecting shall never be exercised, except in cases where a state shall neglect, a given time, to pay its quota. This mode seems to be strongly pointed out by the reason of the case, and spirit of the government; and I believe, there is no instance to be found in a federal republic, where the congressional powers ever extended generally to collecting monies by direct taxes or excises. Creating all these restrictions, still the powers of the union in matters of taxation will be too unlimited; further checks, in my mind, are indispensably necessary. Nor do I conceive, that as full a representation as is practicable in the federal government, will afford sufficient security. The strength of the government, and the confidence of the people, must be collected principally in the local assemblies. . . . A government possessed of more power than its constituent parts will justify, will not only probably abuse it, but be unequal to bear its own burden; it may as soon be destroyed by the pressure of power, as languish and perish for want of it.
There are two ways further of raising checks, and guarding against undue combinations and influence in a federal system. The first is - in levying taxes, raising and keeping up armies, in building navies, in forming plans for the militia, and in appropriating monies for the support of the military - to require the attendance of a large proportion of the federal representatives, as two-thirds or three-fourths of them; and in passing laws, in these important cases, to require the consent of two-thirds or three-fourths of the members present. The second is, by requiring that certain important laws of the federal head - as a requisition or a law for raising monies by excise - shall be laid before the state legislatures, and if disapproved of by a given number of them, say by as many of them as represent a majority of the people, the law shall have no effect. Whether it would be advisable to adopt both, or either of these checks, I will not undertake to determine. We have seen them both exist in confederated republics. The first exists substantially in the confederation, and will exist in some measure in the plan proposed, as in choosing a president by the house, or in expelling members; in the senate, in making treaties, and in deciding on impeachments; and in the whole, in altering the constitution. The last exists in the United Netherlands, but in a much greater extent. The first is founded on this principle, that these important measures may, sometimes, be adopted by a bare quorum of members, perhaps from a few states, and that a bare majority of the federal representatives may frequently be of the aristocracy, or some particular interests, connections, or parties in the community, and governed by motives, views, and inclinations not compatible with the general interest. The last is founded on this principle, that the people will be substantially represented, only in their state or local assemblies; that their principal security must be found in them; and that, therefore, they ought to have ultimately a constitutional control over such interesting measures.

THE FEDERAL FARMER



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