United States Senate
Washington, D.C.
June 3, 1935.
My Dear Mother:
We have appreciated your loving
letters. I have wanted to write
you before but have been
through such a period of
storm and stress that I
have not written.
The Supreme Court has risen
to heights reached only
when our government has
been in great danger. I
feel safer and more
2
hopeful than I have before
in two years. I enclose
a copy of an article I have
written for a Greek society
called Ahepa whose object
is the education of Greeks
in the Constitution and
other fundamental
things to qualify them
for good citizenship
here. This article will
be published in their
monthly paper so do not
release it to anyone else.
3
Senator Borah's speech
is opportune and should be
of more effect because of
his record for independence
of party- save Borah's Party.
The Presidents mood is
unfortunate for him and
may crystallize the
defensive elements of both
major parties to pressure
a free government. His
confession of intent to
permanently centralize
power in the Federal
Government over local affairs
4
will shock many who have
heretofore followed him
blindly supposing that
he was dealing only with
emergency agencies.
Your account of your
fun in the garden and
your picture of your blossoms
excite Mildred and me
to go home. However,
the attitude of the President
suggests that we will be
here perhaps until August.
Best love from us both
Warren.
THE CONSTITUTION SAVED
by Brother Warren R. Austin, U.S.S.
Ahepans have a special interest in the recent decisions
of the Supreme Court regarding New Deal Acts, because these deci-
sions express the vigor of the Constitution as a protector of human
rights.
These rights which the New Deal Acts violated included -
LIBERTY for which the fathers gave their blood, and
secured for us by means of separating the powers of Government.
They forbade the President, for example, to control the purse and
the sword. They denied him the authority to be executive, legis-
lator and judge;
INDEPENDENCE, preserved by limiting the powers of
the Federal Government to National affairs, and retaining all other
powers in the several States;
FREEDOM to contract and to conduct business within a
State without interference by the Federal Government. For example,
the right to operate a store or restaurant without code restrictions,
regulations and assessments made at Washington;
SECURITY in the ownership and use of property, ensured
by the command that property cannot be taken without just compensation,
and without due process of law.
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These rights are common to all who live in the United
States. They were threatened by New Deal Acts. But now, since
the Supreme Court has declared those Acts unconstitutional, we
again live in the protection of the Constitution - safe, as in
the shadow of a great rock.
These decisions, which are of so great value to every
person, and which should increase our faith and courage, are
briefly referred to as follows:
1. The Economy Act repealed all laws granting or per-
taining to veterans' yearly renewable term insur-
ance. June 4, 1934, the Court held that these
contracts were property and that so much of the
Act as deprived the veterans of their contractual
rights was void.
2. February 18, 1935, The Gold Clause Cases reaffirmed
the citizen's inviolable right to have his Govern-
ment deal honestly with him, and denied to Congress
the power to override the obligations to citizens
created by Government promises.
3. March 4, 1935, The Hot Oil Cases, decided that the
Executive Orders and Regulations under Section 9 (c)
of the Petroleum Code under N. R. A. were void be-
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cause Congress exceeded its Constitutional limits
of delegation of legislative duties to the President.
Thus the separation of Governmental authority was
maintained.
4. May 6, 1935, the Railroad Retirement Act was de-
clared void because it altered contractual rights,
took private property from one and gave it to another
without compensation, and without due process of law.
This case saved another human right, viz.: the inde-
pendence of the several States. The Court held that
the Act overreached Federal limits by attempting to
impose by sheer fiat non-contractual incidents upon
the relation of employer and employee. This power
belongs to the State and its people, not to Washing-
ton and the Nation.
5. May 27, 1935, The Frazier-Lemke Act was held void
because it tended to place the commercial and finan-
cial life of each state in a large measure subject
to Federal Regulation, and to break down the freedom
to do business within a State according to its laws
and to keep ones property.
6. May 27, 1935, The N. R. A. cases on the "Live Poultry
Code" gave this Nation a rebirth of liberty. They
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demonstrated that the code making authority granted
was an unconstitutional delegation of law-making
power. Equally important to our liberty, independence,
freedom and security, was that part of the decision which
clarified the distinction between domestic business and
interstate or national business. From the opinion of the
Court it is clear that the operation of a store or a
restaurant, a factory, or a bakery or any like under-
taking confined to State limits cannot be regulated by
codes made by Washington.
7. May 27, 1935, The Humphrey Case saved the independence
and impartiality of the Federal Trade Commission, and
freed it from domination by the President. It made
plain that Members of such agencies cannot be removed
by the President at will.
These rights which Ahepans associate with citizenship in
the United States have been preserved because of the separation of
the judicial power from the executive and legislative powers.
Government is still free because the Supreme Court is not under
the domination of the same influences that rule the President
and Congress. The Supreme Court has proved to be the sanctuary
of the citizen in the storm of emotion and reform frenzy which has
visited this Country.
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Thus, the vitality and efficacy of the Constitution
have prevailed. Now, let us, without political prejudice,
make the Constitution a more intimate element of our charac-
ters individually, giving it the flesh and blood of our own
beings, making it guide and temper our daily thoughts and
conduct.