Posted on 04/02/2012 6:38:31 PM PDT by pterional
Constitution for the New Deal
by H. L. Mencken
THIS SATIRICAL PIECE FIRST APPEARED IN The American Mercury,, 41 (June 1937), 129-36, and was reprinted in condensed form by The Reader’s Digest, 31 (July 1937), 27-29. In order to indicate what reached the widest audience, the condensed version appears here.
The principal cause of the uproar in Washington is a conflict between the swift- moving idealism of the New Deal and the unyielding hunkerousness of the Constitution of 1788. What is needed, obviously, is a wholly new Constitution, drawn up with enough boldness and imagination to cover the whole program of the More Abundant Life, now and hereafter.
That is what I presume to offer here. The Constitution that follows is not my invention, and in more than. one detail I have unhappy doubts of its wisdom. But I believe that it sets forth with reasonable accuracy the plan of government that the More Abundant Life wizards have sought to substitute for the plan of the Fathers. They have themselves argued at one time or another, by word or deed, for everything contained herein:
PREAMBLE
We, the people of the United States, in order to form a more perfect union, establish social justice, draw the fangs of privilege, effect the redistribution of property, remove the burden of liberty from ourselves and our posterity, and insure the continuance of the New Deal, do ordain and establish this Constitution.
ARTICLE I
The Executive
All governmental power of whatever sort shall be vested in a President of the United States. He shall hold office during a series of terms of four years each, and shall take the following oath: “I do solemnly swear that I will (in so far as I deem it feasible and convenient) faithfully execute the office of President of the United States, and will (to the best of my recollection and in the light of experiment and second thought) carry out the pledges made by me during my campaign for election (or such of them as I may select).”
The President shall be commander-in-chief of the Army and Navy, and of the militia, Boy Scouts, C.I.O., People’s Front, and other armed forces of the nation.
The President shall have the power: To lay and collect taxes, and to expend the income of the United States in such manner as he may deem to be to their or his advantage;
To borrow money on the credit of the United States, and to provide for its repayment on such terms as he may fix;
To regulate all commerce with foreign nations, and among the several states, and within them; to license all persons engaged or proposing to engage in business; to regulate their affairs; to limit their profits by proclamation from time to time; and to fix wages, prices and hours of work;
To coin money, regulate the content and value thereof, and of foreign coin, and to amend or repudiate any contract requiring the payment by the United States, or by any private person, of coin of a given weight or fineness;
To repeal or amend, in his discretion, any so-called natural law, including Gresham’s law, the law of diminishing returns, and the law of gravitation.
The President shall be assisted by a Cabinet of eight or more persons, whose duties shall be to make speeches whenever so instructed and to expend the public funds in such manner as to guarantee the President’s continuance in office.
The President may establish such executive agencies as he deems necessary, and clothe them with such powers as he sees fit. No person shall be a member to any such bureau who has had any practical experience of the matters he is appointed to deal with.
One of the members of the Cabinet shall be an Attorney General. It shall be his duty to provide legal opinions certifying to the constitutionality of all measures undertaken by the President, and to gather evidence of the senility of judges.
ARTICLE II
The Legislature
The legislature of the United States shall consist of a Senate and a House of Representatives. Every bill shall be prepared under the direction of the President, and transmitted to the two Houses at his order by their presiding officers. No member shall propose any amendment to a bill without permission in writing from the President or one of his authorized agents. In case any member shall doubt the wisdom of a bill he may apply to the President for light upon it, and thereafter he shall be counted as voting aye. In all cases a majority of members shall be counted as voting aye.
Both Houses may appoint special committees to investigate the business practices, political views, and private lives of any persons known to be inimical to the President; and such committees shall publish at public cost any evidence discovered that appears to be damaging to the persons investigated.
Members of both Houses shall be agents of the President in the distribution of public offices, federal appropriations, and other gratuities in their several states, and shall be rewarded in ratio to their fidelity to his ideals and commands.
ARTICLE III
The Judiciary
The judges of the Supreme Court and of all inferior courts shall be appointed by the President, and shall hold their offices until he determines by proclamation that they have become senile. The number of judges appointed to the Supreme Court shall be prescribed by the President, and may be changed at his discretion. All decisions of the Supreme Court shall be unanimous.
The jurisdiction and powers of all courts shall he determined by the President. No act that he has approved shall be declared unconstitutional by any court.
ARTICLE IV
Bill of Rights
There shall be complete freedom of speech and of the press – subject to such regulations as the President or his agents may from time to time promulgate.
The freedom of communication by radio shall not be abridged; but the President and such persons as he may designate shall have the first call on the time of all stations.
In disputes between capital and labor, all the arbitrators shall be representatives of labor.
Every person whose annual income fans below a minimum to be fixed by the President shall receive from the public funds an amount sufficient to bring it up to that minimum.
No labor union shall be incorporated and no officer or member thereof shall be accountable for loss of life or damage to person or property during a strike.
All powers not delegated herein to the President are reserved to him, to be used at his discretion.
Please your Honors, let him have it.
One of the better pieces on this on the net (See: http://www.fff.org/blog/jghblog2009-01-15.asp) starts out
Among the things that pro-New Deal advocates hardly ever bring up is one of the most shameful acts by a president in U.S. history. That’s the infamous “court-packing” scheme that President Franklin Roosevelt proposed when the Supreme Court was declaring much of his New Deal unconstitutional.
It would appear that the Democrats, like Obama, have not only failed to bring it up, they don't even know it happened! (IGNANT dude said "unprecedented" proving he had no clue).
Michael Savage had the brilliant suggestion of challenging it as unequal treatment of religions under the law. The Amish, Christian Scientists and Muslims don’t have to buy health insurance because it is against their religion - and this is unequal treatment for everyone else.
Is Obama stupid or what?? He humiliates the Supremes at the SOTU address and now he challenges them to trash his Obamacare?
I’m dreaming, I know, but I’m hoping Souter goes thumbs down for a 6-3 vote against the whole thing.
He lost that battle in Congress.
Eventually the Justices he found troublesome retired or died leaving him free to appoint people more amenable to instruction ~ servile lackeys to a man.
If the Supreme Court were reduced to just one member, the Chief Justice, we'd have a top administrative/legal structure highly representative of the ancient Roman system of TWO TRIBUNES, except their's was a bit more complex and less responsive to changing conditions ~ almost let Hannibal conquer Rome in fact.
So much for the wisdom of the founders ~ we still don't have the Executive/Judicial interface just right. Permanancy in office didn't really make the judges independent ~ just allowed them to be more partisan.
Isn’t this the second time Obama’s threatened the Court, with the first being a State of the Union address?
I'm pretty sure Souter no longer sits on the SC - he's retired. But you're not the first to mention him - am I missing something?
Don’t Worry!
The handwriting is on the wall...
Obama will soon be a thing of the past
AMEN
“Following Souter’s retirement announcement in 2009, President Barack Obama nominated Sonia Sotomayor as his successor.”
The current headline on Drudge points out the obvious. Was there ever really any doubt that one of Obama’s appointees would leak their decision to him as soon as it was made?
Another major story that the press and pundits refused to cover on 2008.
Wait...I thought he was FOR that?
I think he’s preparing to run against the conservative court if the court rules against him. If not for a runaway conservative court, he could have taken care of all of us. Re-elect him and he will make everything wonderful!
I think he’s preparing to run against the conservative court if the court rules against him. If not for a runaway conservative court, he could have taken care of all of us. Re-elect him and he will make everything wonderful!
They have to know this thing is likely to be thrown out. Its blatantly unconstitutional. Even Nazi Pelosi says the Dems are willing to accept the decision of the Court which means she sees the writing on the wall.
***I can’t remember a time that the President of the United States of America has threaten the US Supreme Court.***
I’m thinking of Andrew Jackson who said...”The Supreme Court has made it’s decision! Now let’s see them enforce it!”
When the SCOTUS ruled against the removal of the Cherokees and other tribes to Indian Territory (Oklahoma).
Or when FDR tried to increase the number of judges on the Court who would then side with him. I think he wanted 15 judges.
I don’t know that this demonizing the courts would be wise for the little foreign Marxist...if you get my drift. Suddenly someone might have standing.
Friday, I heard Rush say that no one would know how the vote went until June. I thought BS, Kagan will spill the beans to BO on the way back to her office. If he makes any moves towards the SC, she needs to questioned on whether or not she notified anyone on how the vote went because unquestionably, she would be the leak and needs to be held accountable.
(And she till looks like the guy on King of Queens.)
Yet she is one of only a handful of people who are even less funny than he is.
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