Chapter 11

THE “GREAT SECRET”
THE LICENSE TO ENGAGE IN INTERSTATE COMMERCE

The purpose of this chapter is to set forth as simply as possible the reasons for believing that a vital change in the relations of the federal government to local government and business has taken place since Roosevelt’s presidency, and that this change is based chiefly upon the construction put upon the commerce clause of the Constitution.  This is not based on theory, but an accomplished fact; that with the sanction of the United States Supreme Court, the federal government regulates all business activity, whether local or national.

To fully understand the changes which have taken place since 1933, a review of the historic background proceeding this change was necessary, namely: First, the setting and the circumstances in which Roosevelt submitted his New Deal legislation and the discussion which took place in attempting to validate these acts under the interstate commerce clause of the Constitution; second, the meaning attributed to the commerce clause by the Supreme Court in the long period of years following the adoption of the Constitution; third, the Supreme Court’s invalidation of Roosevelt’s New Deal legislation; fourth, the violent controversy over Roosevelt’s attempt to pack the Supreme Court and finally, the surrender of the Supreme Court in 1937 and the Court’s adoption of an expanded interpretation of the commerce clause which resulted in the conversion of the corporation and private citizen into articles of commerce.

 This chapter explains how the citizens of this nation have traded their sovereignty for security and protection from the cradle to the grave and how the federal government acting as parens patriae[1] regulates all our activities for our own protection.  Since the 1930’s federal regulatory acts have increased fifty-fold.  At the present time we find that our national government is now dictating to all individuals and businesses such matters as hours of labor, wages, retirement pensions, and now health care.

 It should now be well established after reading the previous chapters of this work, that the federal government has only such powers as are expressly conferred upon it by the Constitution.  So long as Congress is acting within its proper sphere, its power is supreme.  Its activities cannot be limited or interfered with by the states or judiciary.  Accordingly, when Congress acts within the limits of its Congressional authority, it is not the province of the judicial branch of government to question its motives.[2]


[1]  Latin for “parent of the country.”  
[2]  Smith v. Kansas City Title & Trust Co., 255 U.S. 180, 210 (1921).

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