Sunday, December 4, 2022

Wisdom for today from legal decisions of the Dirty Thirties

Americans and Canadians are going through hard times. The slowdown of business and other activity caused by the Wuhan flu pandemic sent our economies into a tailspin, from which we have not yet recovered, no matter what President Brandon and Prime Minister McBlackface tell you. Not only have we not recovered, but we are teetering on the brink of recession. 

More people are working than was the case two years ago, but more people are not working, too. Some folks, having discovered that our liberal governments will pay them not to work, have simply dropped out of the work force. Thus the same liberal governments are now telling us we need to import hundreds of thousands of third-world migrants to meet "staffing challenges".

Bidenflation has pushed prices up to the point where a lot "working poor" can barely afford to drive to work. The federal governments of both countries desperately need more revenue to cover the deficits they incur by shovelling money out to the special interest groups they rely on to keep them in power. But they are afraid to raise taxes, so the liberal cry today is "Make the rich pay their share...and more!"

And there is civil unrest, notably in Canada where Mr Socks invoked the Emergencies Act (aka Police State Act, aka Son of War Measures Act) to quash last winter's Freedom Convoy by, among other draconian measures, freezing dissenters' bank accounts without notice! That'll teach them to cling to their "unacceptable views"!

The United States went through a similar bad patch during the Great Recession of the 1930s. The Presidents of those days were mile aheads of both Demented Joe and the Emperor of Canuckistan in arrogating to their governments unprecedented powers of taxation and repression of dissent. 

Walt wonders if M Trudeau's handlers studied President Herbert Hoover's response to the 1932 march on Washington of the Bonus Army -- 1000s of war veterans demanding the bonuses which they had been promised at the end of WWI, which had never been paid. This is how it went down.

On 28 July 1932, Attorney General William D. Mitchell ordered the "Bonus Expeditionary Force" removed from all government property. Washington police met with resistance, shot at the protestors. Two veterans were wounded and later died. President Herbert Hoover then ordered the U.S. Army to clear the marchers' campsite. Army Chief of Staff General Douglas MacArthur commanded a contingent of infantry and cavalry, supported by six tanks. The Bonus Army marchers with their wives and children were driven out, and their shelters and belongings burned.

Such heavy-handed tactics became the norm under President Franklin Delano Roosevelt, who used whatever means he could to force Americans -- particularly rich Americans and their businesses, large and small -- to submit to his New Deal. Those who dissented had the G-men sicced on them. After all, Roosevelt declaimed, this is an emergency!

One business which FDR's Treasury Dept. tried to coerce was a firm owned by three Jewish brothers who butchered chickens. They balked at Roosevelt's National Industrial Recovery Act, which allowed the President to regulate certain industries by distributing authority to develop codes of conduct among business groups and boards in those industries -- i.e.to control private businesses. The Schecters fought the feds all the way to the Supreme Court, which ruled in their favour. (A.L.A. Schecter Poultry Corp. v. United States, 295 U.S. 495 (1935)) 

In an opinion authored by Chief Justice Charles Evans Hughes, the unanimous Court exercised a check on the Legislative and Executive branches of government, declaring the Act and actions of the President an unconstitutional delegation of legislative authority. 

SCOTUS ruled that the President cannot be allowed to have unbridled control to make whatever laws he believes to be necessary to achieve a certain goal. Justice Hughes wrote: "Extraordinary conditions may call for extraordinary remedies. But the argument necessarily stops short of an attempt to justify action which lies outside the sphere of constitutional authority. Extraordinary conditions do not create or enlarge constitutional powers." 

Here's another piece of wisdom from a famous judge, which may give some comfort to President Trump as he fights to avoid a too-public audit of his tax returns. In Helvering v. Gregory, 293 U.S. 465 (1935).69 F.2d 809 (2d Cir. 1934), Judge Billings Learned Hand, of the United States Court of Appeals for the Second Circuit, ruled that: "Anyone may so arrange his affairs that his taxes shall be as low as possible. Everybody does so, rich or poor; and all do right for nobody owes any public duty to pay more than the law demands.... To demand more in the name of morals is mere cant."

The emphasis is mine. For some 65 years, beginning with the Court of Chief Justice Earl Warren too long (1953-1969), the Supreme Court was dominated by judicial activists intent on rewriting the laws of the USA, including the Constitution itself, to bring about "social justice" and equality of result, as opposed to the equality of opportunity which was the aim of the founding fathers. That is still the mindset of the Supreme Court of Canada.

However, the times they are a-changin'. Ordinary people, real people on both sides of the World's Longest Open Border are waking up to the fact that the liberal democratic state of Roosevelt-Johnson-Clinton-Biden and King-Pearson-Trudeau (Senior and Junior) is not their friend, but their enemy. Walt says: be like the Schecter brothers -- fight back! You can fight and beat city hall!

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