VOLUMEXLI JUNE, ~937 NUMBERx6z

The American
MERCURY

A CONSTITUTION FOR THE NEW DEAL

B~r H. L. Ma~Nc~N

At this solemnly critical momentin the Nation’s history,

TItE MERCI311Y is privileged to present Dr~ Roosevelt
with a plalnly-written version of his own Constitution.

AS rv~RYONEknows, the principal

cause of the uproar now go-
Constitution by interpretation;
but that device is also faulty, for,
ing on at Washingtonis a conflict judgesbeing what .they are, it is
between the swift-moving idealism hard to find a sufficient number
of the NewDeal and the unyield- who are really trustworthy. A
ing hunkerousness of the Con- given judge, though he may be
stitution proclaimed in March, ready and even eager to do one
I788. That Constitution has been dirty job today, may develop con-
amended from time to time, but scientious scruples about doing an-
the process of amendmentis slow other and quite different dirty job
and clumsy, and so the instrument tomorrow. Thus the progress of
lags far behind the bold fancies of mankind is hindered, and Utopia
forward-looking men. continues to be only a vague and
Various Presidents, including disquieting dream.
the present gifted incumbent, have Whatis needed, obviously, is a
sought to get round the impedi- wholly new Constitution, drawn
mentit presents, to their projects up .with enough boldness and
by packing the Supreme Court imagination to cover the whole
with iudges willing to enlarge the program of the More Abundant
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o
~3 THE AMERICAN MERCURY
Life, nowand hereafter. It must spite of the obstacles presentedby
reject altogether the outworn the Constitution of ~788. But in
superstitions whichcorrupt the part they are still hamperedand
present instrument. It must be thwartedby that Constitution, and
grounded, not on the hallucina- all I proposehereis to deliverthem,
tions of political theorists im- that they mayworktheir sorceries
mersedin their dampcloisters, but in full freedom, to the glory of
on the needsanddesires of practi- God. Theyhave themselvesargued
cal men,alreadyin office andeager at one time or another, either by
to exercisetheir powersfor the sal- wordof mouthor by act, for every-
vation of humanity. In brief, it thing I here give them. Cast into
mustbe an inductive Constitution, the austere jargonof constitutional
proceedingfrom the [ait accompli law, someof their proposals may
to its dialectical explanationand appear strange and even more or
justification. All the Constitutions less unrecognizable, but I don’t
of the past haverun the other way, think I have madeany actual de-
but there is no reasonwhythe old partures from the record.
practice should be tolerated in a In pioneer workof this kind it
time of change. What the New is difficult if not impossibleto
Deal needs, and has never had, is avoid omissions. Thus there are
roomto workits magicunimpeded probably somegaping holes in my
by the deadhand-- an opportunity first draft. If any kind readers,
to function without restraint ac- whether legal or lay, whodetect
cordingto patterns of its own. such defects will notify them to
That is all I presumeto offer me, I shall be glad to embody
here. The Constitution that fol- rectificationsin a later text. It may
lows is not myinvention, and in be--and in fact it is very prob-
more than one detail I have un- able- that that perfectedtext will
happydoubts of its wisdom.But I never be formally adopted, but
believe that it sets forth with nevertheless its preparation may
reasonable accuracy the plan of help to a better understandingof
governmentthat the shiningyoung the NewDeal, ~nd mayeven serve
wizards of the More Abundant to clarify the thinking of someof
Life have sought so bravely to the NewDealers.. Suggestionsfor
substitute for the plan of the this newConstitution’s improve-
Fathers. In part, as the reader will mentmaybe sent to mein care of
succeeded--in2003the
note, they have PRODUCED BYEditor of THEMsRetsR~’.
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 A CONSTITUTION FOR THE NEW DEAL

PREAMBLE
We, the people of the United States, in order to form ia more
perfect union, establish social justice, drawthe fangs of privi-
lege, effect the redistribution of property, removethe burdenof
liberty from ourselves and our posterity, and insure the continu-
ance of the NewDeal and the More Abundant Life, do ordain
and establish this Constitution for the United States of America.

ARTICLE I

The Executive
SECTION ONE. All governmental magazines, or receive any payment
power of whatever sort shall be for signed advertising testimonials,
vested in a President of the United or appear on the public stage, or
States. He shall hold his office dur- as a professional performer on the
ing a series of terms of four years radio or in the movies. But this
each, _andshall be chosenby the di- prohibition shall not extend to any
rect Vote of all persons above the memberor membersof his family.
age of twenty-one years, including SECTION FOUR.Before he enters
lunatics and paupers. on the execution of his office the
SECTIONTwo. No one shall be President shall take the following
eligible hereafter to the office of oath or affirmation: "I do solemnly
President who has, during any swear that I will (insofar as
calendar year of his life, derived deemit feasible and convenient),
more than one-third of his income faithfully execute the office of
from the practice of any trade, President of the United States, and
craft, business, art, profession or will (to the best of myrecollection
mystery requiring skill or labor, and in the light of experiment and
or whose total income from such second’ thought), carry out the,
practice in any year has exceeded pledges madeby me to the electors
five thousand dollars. during my campaign for election
SECTION THREE.The President, (or such of them as I mayselect)."
during the period for which he SECTIONFIVE. The President
was elected, shall not make any shall be c6mmander-in-chiefof the
speeches for hire, or contribute any Army and Navy of the United
paid articles to newspapers or States, and of the militia, Boy
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 THE AMERICAN MERCURY
Scouts, CIO, People’s Front, and term of neutrality in the event of
other armed forces of the nation. war between other nations, grant
He shall have the free use of its letters of marque and reprisal,
naval craft at all times, whether raise and commandarmies, and
for recreation or sport. conscript soldiers;
SECTION Srx. The President shall (6). To repeal or amend, in his
have the power: discretion, any so-called natural
(i). To lay and collect taxes, law, including Gresham’s law, the
duties, imposts and excises, and to law of diminishing returns, and the
expend all the income of the law of gravitation.
United States, from whatever SECTION SEVEN. The President
source derived, in such manneras shall be assisted in the performance
he may deemto be to their or his of his duties by a Cabinet of eight
. advantage and benefit; or more persons, of whomat least
(2). To borrow money on the one shall be a female Uplifter of
credit of the United States, and to mature years. Each memberof the
provide for its repayment or non- Cabinet shall be the headof an ex-
repayment on such terms as he ecutive department. The duties of
mayfix, and in whatever currency; each shall be to make speeches
(3). To regulate all commerce whenever so instructed and to ex-
with foreign nations, and among pend the public funds under the
the several States, and within direction of the President in such
them; to license all persons now manner as to guarantee his con-
engaged or proposing to engage in tinuance in office. ""
business; to examineinto and reg- SEcrron E~GHT.The President
ulate their several affairs; to limit may, in his discretion, establish
their profits by proclamation ~rom such bureaus, boards, commissions,
time to time; and to fix wages, and other executive agencie~ as he
prices, and hours of work; deems necessary, and clothe them
(4)- To coin money,regulate the with such powersas he sees fit, in-
content and value thereof, and to cluding the power to examine into
amendor repudiate any contract re- the books and papers of any cor-
quiring the payment by the United poration or natural person, the
States, or by any private person, of power to make and enforce laws,
coin of any given fineness; and the powerto pledge the credit
(5). To make treaties and alli- of the United States. No person
ances, declare war, prescribe the shall be a member of any such
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 A CONSTITUTION FOR THE NEW DEAL x33
agency who has had any practical Senate and House of Representa-
experience of the matters he is ap- tives. The Senate shall be com-
pointed to deal with. posed of two members from each
SECTION NINE.There shall be a State, chosen by the voters thereof
Comptroller-General of the United for six years. The Houseof Repre-
States, appointed by the President sentatives shall be composedof as
for a term of nine years. It shall be
many members from each State,
his duty to scrutinize all expendi- chosenby the voters for two years,
tures proposed by any of the as there are multiples therein of
executive departments or other 300,000inhabitants, including luna-
agencies, and to approve those au- tics and paupers.
thorized by the President. SECTIONTwo. The Vice-Presi-
SECTIONTEN. One of the mem- dent of the United States shall be
bers of the Cabinet shall be a Post-the president of the Senate, and the
master General. It shall be his dutyagent therein of the President. He
to scrutinize the qualifications of shall make known to the members
all persons seeking appointmentto the President’s wishes from time
office under the United States, to to time, and shall entertain such
the end that the President may views on public questions as the
have competent and diligent aid President maydirect. The presid-
at all elections. ing officer of the House of Repre-
SECTIONELEVEN.One of the sentatives shall be a Speakerelected
members of the Cabinet shall be from amongits memberswith the
an Attorney General. It shall be his,advice and consent of the Presi-
duty to provide legal opinions cer- dent, and his duties and respon-
tifying to the constitutionality of sibilities shall be those of the Vice-
all measures undertaken by the President in the Senate.
President, and, under the Presi- SECTION THREE.The Senate and
dent’s direction, to gather evidenceHouseof Representatives shall ap-
of the senility of judges. point all their other officers, includ-
ing doorkeepers, barbers, masseurs,
sommeliers, chaplains, and jani-
ARTICLE II tors.
SECTION FOUR.All legislation
The Legislature
shall be by bill. Everybill shall be
SECTION ONE.The legislature of prepared under the direction of the
the UnitedStates shall consist of a President, and transmitted to the
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~34 THE AMERICAN MERCURY
two Houses at his order by their
presiding officers. No member
shall propose any amendmentto a
bill without permission in writing
from the President or one of his
authorized agents. In the Senate
any membermay speak freely on
any bill; but in the House no
membershall speak without per-
mission of the Speaker. In case any
membershall doubt the wisdom of
a bill he mayapply to the President
or to any authorized agent of 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.
SECTION Five. Both Houses may
appoint committees of their mem-
bers to conduct public hearings on
bills before them; but no person
appearing at such a hearing shall
offer any argument involving
criticism of the President, or of any
of his agents.
SECTrONS~x. Both Houses may
appoint special committeesof their
membersto investigate the busi-
ness practices, political views, and
private lives of any person or per-
sons knownto be inimical or con-
tumacious to the President; and
such committees shall publish at
the public cost any evidence dis-
covered that appears to them to be
damagingto the property or repu-
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tation of the person or persons in-
vestigated.
SECTIONSEVEN. Each House,
with the advice and consent of the
President, shall determinethe rules
of its proceedings, punish its mem-
bers for refusing to vote as di-
rected by him, and expel a member
for persisting in contumacy.
SrcTioNE~CHT. All agents of the
President shall have access to the
floors and cloakrooms of both
Houses, and shall be heard and de-
ferred to with the respect becom-
ing their authority and dignity.
S~CTIONNINr. Members of the
Senate and House of Representa-
tives shall be agents of the Presi-
dent in the distribution of public
offices, federal appropriations, and
other gratuities in their several
States, and shall be rewarded with
such patronage in ratio to their
fidelity to his ideals and com-
mands.
ARTICLE Ill
The Judiciary
S~CT~ON ONE.The judicial power
of the United States shall be vested,
subject to the authority of the
President, in one Supreme Court,
and in such inferior courts as may
be established by law. The judges
of the Supreme Court and of all
 A CONSTITUTION FOR THE NEW DEAL
inferior courts shall be appointed
by the President, and shall hold
their offices until he determinesby
proclamation that they have be-
comesenile. Thenumberof judges
appointed to the SupremeCourt
shall be prescribed by the Presi-
dent, and maybe changed at his
discretion, and he shall fix their
qualificationsfromtime to time.
SECTION Two.The jurisdiction
and powers of the SupremeCourt
andof all inferior courts shall be
determinedby the President, and
before decidingany cause affected
with a public interest they shall
seek his counselor that of his ap-
pointed agents. Noact or portion
of any act that he has approved
shall be declared unconstitutional
¯ by anycourt. In case the judgeso4
any appellate court are uncertain
of his desires, they shall havethe
right to petition him,in a respect-
ful manner,for instructions.
SECTION THREE. All decisions of
the SupremeCourt shall be unani-
mous.
ARTICLE IV
Bill of Rights
SECTION ONE.There shall be
complete freedom of speech and
o4 the press- subject to such reg-
ulations as the President may
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I35
from time to. time promulgate.
SECXION Two. The freedom o4
communication by radio shall not
be abridged; but the President and
such persons as he maydesignate
shall havethe first call onthe time
of all stations withinthe jurisdic-
tion of the UnitedStates.
SECTION THREE. To the end that
the equal protection of the laws
maybe preservedinviolate, every
lawfor the arbitration of disputes
between Capital and Labor shall
providethat all the arbitrators be
representatives of Labor.
SECTION FOVR.Theright o4 the
people to enjoy and be secure in
their debts shall not be violated,
andno law shall be passed provid-
ing judicial processfor the recov-
ery of borrowedmoney.
SECTION FIVE. Every person
whoseannual incomefalls below
a minimum to be fixed from time
to time by proclamation o4 the
President shall receive from the
public funds an amountsufficient
to bring it abovethat minimum.
SECTION S~x. Every person who
is dissatisfied with the house he
lives in shall be providedwith an-
other andbetter houseat the pub-
lie expense, and no such person
shall be evicted fromany suchbet-
ter house for the non-paymentof
rent.
SECTION SEVEN. No Labor union
136 THE AMERICAN MERCURY
shall be incorporated and no officer are reserved to him and to his
or memberthereof shall be ac- agents.
countable in any court for any loss
of life or damageto person or prop-
erty during a strike. ARTICLE V
SECTION EIGHT.NOperson shall
Amendments
be held liable in any court for the
cost of delivering, feeding, medi- SECTIONONE. The President,
cating, educating, clothing, or whenever he shall deem it neces-
housing his ownchildren, but all sary, shall propose amendments
such costs shall be met out of the to this Constitution. Every such
public funds. amendmentshall be valid to all
SECTION NINe. The right of the intents and purposes, as part of
people to be secure in their persons, this Constitution, when it is so
houses, papers, and effects, against proclaimed by the President, or
unreasonable searches and sei- by any person acting as his
zures, shall not be invaded except agent and with his consent. To
by committees of the two Houses the end that the President may be
of Congress and persons appointed afforded sufficient time to acquaint
by the President, or by his agents. the people with the purposes of
SECTION TEN. The enumera- any proposed amendment,and that
tion in this Constitution of certain they may take counsel together on
rights shall not be construed to its wisdom, no amendment shall
deny or disparage others retained be proclaimed until a period of at
by the executive. All powers not least six days has passed since it
herein delegated to the President was proposed.

Editor’s N~te: Undoubtedly this Constitution, carefully

prepared as it has been, will need amendmentalmost as soon
as it is published. Constitutions invariably do. The Editor of
T~E M~RCVRX’ seconds Mr. Mencl(en’s invitation to readers to
send in suggestions. Wewill print any submitted amendment
which is as intelligent as the average amendmentoffered an-
nually from the floor of the United States Senate. This standard
should give contributors a considerable latitude.
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 JOHN L. LEWIS: HIS LABORRECORD
B~r GOt.DON

Is Lewisjust anotherLaborleader, or is he the manof

the hour? The answer to this question undoubtedly
points the pathwayto the economicfuture of America.

THE present trend towarda col- Andyet there is this strange para-
lectivist regimein these United dox about the man:three years ago
States is largely motivated by a he was a minority trade-union
united-front armyof gullible work- leader, hardly knownby nameto
ers captainedby opportunists with the millions of workers upon
a will-to-power philosbphy of whose shoulders he now rides
ruthless class-warfare. The su- towardthe thresholdof victory.
premeexampleof such leadership It is impossibleto dismissLewis
is John LlewellynLewis, and the as a meteoric figure of turbulent
spearhead of his militant oppor- times, or as merelyanotherindica-
tunismis the Committee for Indus- tion of the level to whichmachine
trial Organization. Not since the politics has sunkin this vanishing
days of AaronBurr has the vault- democracy.The manfits neither
ing ambitiono£ a single individual of these convenient pigeonholes.
becomea morecrucial national is- Noamountof angry talk, or idle
sue, nor threatened moreseriously speculation, or partisan propa-
to affect the welfareof everywage- ganda will remove his beetle-
earner in the Republic.Unlessbe- browed face from the American
trayed by the samelaws of human scene; for if Lewiscould be exor-
fatality whicheliminated the two cised by words, already he would
great stalking-horses of the first be passing into the pagesof con-
NewDeal Administration--Sena- temporary history. Hence, those
tor Huey P. Long and Governor whowould confront honestly the
o
Floyd B. Olson--the year x94 social realities of todaymustalso
mayfind Lewiswielding the bal- confront one unpleasant truth:
ance of America’spolitical power. Lewis and his methodshave come

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