“We the People are the rightful masters of both Congress and the Courts – Not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.” Abraham Lincoln
In 1933 Franklin D. Roosevelt (FDR) was inaugurated as the 32nd President of the United States. He inherited a depression left by his predecessor, Herbert Hoover, who could best be described as a moderate Republican. Hoover had made the mistake of assuming that government programs could cure the depression, a mistake in judgment that would cost Hoover the presidency and that had proven to be the wrong prescription for the country’s ills.
FDR in 1932 had campaigned on the slogan that Hoover’s policies were socialistic and were ruining the country – a position that was certainly true. After being elected it became obvious that FDR was a hard-core socialist himself and that his criticism of Hoover was a complete disguise to hide his own extreme socialist views. FDR took Hoover’s programs and expanded upon them mightily as well as adding many additional programs of his own. All these programs did nothing to resolve the problems and prolonged the depression unnecessarily for many years.
When FDR was inaugurated his party was given complete control of Congress but the Supreme Court was not about to surrender to his whims. On the Supreme Court in 1933 were four hard-core conservative justices (known as the Four Horsemen – McReynolds, Van Devanter, Butler, Sutherland), three hard-core liberal justices (Brandeis, Stone, Cardozo), one who leaned left (Hughes), and one who was a swing vote (Owen Roberts – pictured here). Roberts was appointed by Hoover and was supposed to be a conservative but, as we shall see in this narrative, Roberts proved to be a weakling and became unpredictable. This was the last time in the history of the Republic that there were as many as four constitutional conservatives on the Supreme Court.
In FDR’s first term the Supreme Court found unconstitutional many of his New Deal programs. This absolutely infuriated FDR since his disdain for the Constitution was obvious and his dictatorial instincts were being thwarted. FDR vowed to get his revenge on the Supreme Court and through various schemes plotted to get his people on the Supreme Court. FDR’s smashing victory in the 1936 elections now allowed him to take his revenge. Whether it was by intimidation or just by coincidence no one knows, but in June 1937 the Four Horsemen began leaving the Supreme Court. This was the end of the Constitution since FDR’s appointees had no interest in defending the parts of the Constitution they did not like.
In May of 1937 in a set of cases (Helvering v. Davis being the primary case) the Supreme Court decided that the Social Security Act was constitutional. The Social Security Act is actually a contradiction of the Constitution’s limiting powers and is therefore not constitutional. The correct first step in passing the Social Security Act was to amend the Constitution to give the federal government that authority, something the states may have agreed to at that time. In the world of liberalism, however, this is an unnecessary step, since liberals had already decided that the courts decide what the Constitution means and that what the Constitution actually says doesn’t matter. In an incredible ruling the Supreme Court decided, in direct defiance of the intent and meaning of the Constitution itself, that the “Welfare Clause” was a catchall that allowed the federal government to take any action they wished to help others. Owen Roberts, who had always sided with the conservatives on the court in FDR’s first term, had now suddenly become a turncoat and sided with the liberals. In a 5-4 vote the Constitution as a check on the power of government was effectively demolished.
On November 9, 1942 the case of Wickard v. Filburn was decided by the Supreme Court. In a unanimous (yes, you read that correctly) ruling the Supreme Court once again contradicted the intent and clearly defined meaning of the Constitution by ruling that the government had the authority under the “Commerce Clause” to invade any aspect of a business and anyone’s personal business that interfered with Interstate Commerce – a ruling so broad-based it violated many sections of the Bill of Rights. By this time Owen Roberts was the only non-FDR appointee on the Supreme Court and he sided with the majority – he was now nothing more than a liberal clone.
Helvering v. Davis and Wickard v. Filburn by any standard are rulings that are clearly void and should have no force, but they have so perverted the Constitution that it is almost now not recognizable. The United States Freedom Army recognizes November 9, 1942 as the day the Constitution was “crucified”, recognizes Owen Roberts as the new Pontius Pilate, and recognizes the eight FDR appointees on the Supreme Court on that date as the new Roman Centurions. FDR was now the new Caesar and the destruction he wreaked on the American way of life reverberates to this day. November 9, 1942 was the final destructive act that ruined the Constitution’s limiting powers and rendered the enumerated powers (Article 1 Section 8 and its corollary Amendment X) meaningless. The task of building the federal government into the leviathan it has become today was now begun in earnest, and nothing was available to check the rise of socialism.
George W. Bush, a moderate Republican, appointed John Roberts to be Chief Justice of the United States Supreme Court. We thought foolishly that once again we had four strong constitutional conservatives on the Supreme Court. In a 5-4 ruling that will perhaps go down in recorded history as the worst ruling in Supreme Court history (Roe v. Wade probably a close second) Justice Roberts sided with the four socialists on the court and issued a ruling that completely contradicted the Constitution and is completely void (see “Obamacare” post). Will John Roberts follow his namesake and help destroy what is left of the Constitution? Only time will tell.