SATURDAY, JANUARY 18, 1936 NEW MILITANT PAS The Supreme Court, the New Deal and the Class Struggle Supreme Court Integral Part of the Capitalist State the Beolie.
PLOWING UNDER THE AAA By JOHN WEST historical function is to maintain llant decisions, Marshall maintained gain if it were accomplished. The The recent decision of the su the social power of the bourgeoisie thelr position. But, it should be Court is an additional barrier preme Court, invalidating the AAA, and to uphold the system of pronoticed, the Federalists used the against even partial immediate dewhen taken against the background perty relations upon which that Supreme Court not to restrict the mands of the masses of the Schechter Case deciston last social power is based.
power of the Federal government, Schechter and AAA decisions in Spring and the probability of turThe state, however, is not an but to extend it to enlarge its their restrictive interpretations It sphere of operation, and to estab of the Interstate commerce and Deal in the near future, brings into a whole involved maze of concrete Supreme Court the representa state rule. They do not deny that Hamilton, calculated to restrain ishe is clear sovereignty over the general welfare clauses, interpresharp focus many basle problems historical forms. In the United tive of Wall Street, of the Anan genuine and bitter conflict can the excess of law making and to states. The aims of the bourgeoisle tations which can be applied direct.
concerning the meaning and nature states these include the Federal clal oligarchy, the Tories. Con arise between Congress and the keep things in of the complex institutional struc executive (the President and be gress in conflict with the Supreme Supreme Court, or between any which they the same state in could not be served without a ly against any social security or public works acts serve to bring happen to be at any strong national government.
ture of the American state. It is subordinates and administrative Court, is the people representa other subdivisions of the state ap given period was more likely to do But deaths on the Supreme Court out.
wholly impossible to understand departments. the Federal legislative (this is the Drilly Worker paratus, nor do they deny the nec good than harm.
bench and the Jacksonian move Nevertheless, such a parttamenthese problems except in the muture (Congress and the departments own phrase. We are, then, called essity for interpreting and analyzston dispelling light of Marxian and commissions it creates. the on to support Congress against the ing these conflicts, and attempting Nor have the masters of Ameri ment altered the relationship of tary demand as the curbing of the theory Any other approach con. Federal Judiciary (from the su. Supreme Court, in order to make to use them where possible to the can destiny ever been too much forces. By 1857 the Democrats, Supreme Court shonld have only a demns us to wander in the fog and preme Court down. the Federal our will felt and to secure our workers. But such conflicts, they have understood that the central the party of the slave holders, were agitation and practical program of mists of legal flctlong as the army, navy, prisons; together with rights.
point ont, are never struggles be question is the question of class in control of the Supreme Court, a revolutionary working class party, English political philosopher, Jer all the branches (executive, legisDenial of the Class Struggle emy Bentham, so accurately called lative, Judicial, military, police) of ing class or of the people on the power, not institutional form, and with Taney at its head. So, in the otherwise it serves to disorient them and to spend our time, like the state, county. and municipal What follows? What follows is one side, and representatives of the they have consistently approached Dred Scott decision, the Supreme and deceive the masses, and to turn the Constitution, the Supreme Court reversed the tradition of them aside from more important Don Quixote, arguing about dreams governments. These are all in a the deninl of the revolutionary bourgeoisie on the other. There are Court, and the other branches of Marshall, and declared for states tasks. It is the business of the revand fighting against windmills. great variety of ways, part of the class struggle for workers power, always conflicts between different The need for the light of uncom state apparatus. Their central and which is and must be the struggle sections or groups within the fourt sovernment in the light of that rights against the Federal govern olutionary party not to foster but not be more urgently shown than pasure the maintenance of capitalisting state machinery, but a strug. issue have opposing needs and opistrations of Washington and John decision was not for the legal fic not to suggest the possibility of Adams, for example, the Supremetion, states rights. but for the reforming the bourgeois state, but by a study of the press of the lat property relations that is, togle agninst the existing state, al posing ideas of how best to advance Court played a minor role. The slave holders: by its terms, the to make clear, in the living experi.
to smash the present state the basic bourgeois Communist party and the Socialist rphold the class rule of the bour strubis the instrument of bourall cases, therefore, terests. In question of its right to invalidate Court declared that Congress hadence of the masses, the necessity party during the eek following. which conflicts the AAA decision. The first editoHal of the Dally worker demanded of this baste function that a cor the revolutionary workers state. class conflict, which cannot express the Constitution itselt, was not days thought that then the battle the workers state o lutor. aprimeres It is onls from an understanding seols rule and to erect in its place are subordinate to the underlying acts of Congress or of States as no power to legislate concerning for destroying that state and of to know whether Americans were rect analysis can be made of the What follows is social democratie itself directly within the bourgeois openly raised. The Federalist party. was over, and that the Northern Son going to continue to allow nipe old various actions and activities of parliamentarism, gradualism, Kaut state apparatus.
industriallats had lost. Or, at most, enters into parliamentary camrepresenting the commercial, bankIn this men to overthrow the decisions of the different subdivisions of the skyism, all over again.
manner does history take its rethe people representatives. Dur. state apparatus.
How the Founders Reasoned ing and industrial Interests that they lovelghed against the auto paigns is to bring its own full rev.
is, the progressive clang at that his cratic usurpation by the Supreme olutionary program openly before ing succeeding issues, the Daily The Reformist Approach venge on the corruption of theory.
the masses. Its parliamentary repWorker has carried to ever increas The approach of the Communist The approach of the Dally Work parts and the Socialist party to ounders of our country, who and could keep the courts in the It was in this way that the torical stage held control over the Court.
Judleiary and Class War resentatives sit not to win victories for the workers in Congress the autocratic oligarchy of the earns tend the proceedings come ere not an isolated example is part of matters than our present stallniets, Mackground But the bourgeois was not going or the Courts which, even on the to let legal fictions block its his smallest scale, Is Increasingly illuland. the editor says in bold faced hasic analysis of the class struggle the propagation of an anti revolu. reformists and centrista, understood The Jeffersonian Reaction toric road. Organized, in temporary sory in the decline of capitaitemIn the case of the complicated governmental forins alliance with the free Western hut to expose the inner workings of type cannot nullify acts of Parthence gong on to a detailed anal the Communist party it must be which they established under the But the Jeffersonian reaction, farmers, into the new Republican the bourgeois state machinery be llament, but the Supreme Court can ysis of the particular acts in ques: understand as one item in the pre Constitution that magically now swept on by the agrarian and plant party, it accepted the challenge fore the eyes of the masses. Revoinvalidate acts of Congres. It 18 tlon (here the AAA decision. does paration for the possibility of sur erful document which they designed ing Interests, ousted the Federal and fought out the issue of controllutionists utilize bourgeols parlianot he LIMITED monarch to boot, And conflict between two subdivisions possibility which will be realized the intricate checks and balances gress. The Federalists, consequent chambers, but on the field of battlestroying bourgeois parlamentarism.
the indignation of the Daily Work Court on the one side, Ransevelt deepens. Indeed, the current an Federal government and between their grip on the Judiciary, and the decisions of the Court. but the Parliamentary Activity SuppleSurprisberegner med en het gehely its and Congress on the other) as alyses and phrases of the can the Federal government and the used the supreme Court to continue Northern armies decided the basic mentary hardly be distinguished from those states, with the probability of fre the advance of their baste program. class question. the question Is absolutely UNCONSTITUTION primary and consequently the Parliamentary activity of all AL The Daily Worker should totally obscure the basic class role of the President quent conflict which these con Through their Chief Justice Mar, which class, the bourgeoisie or the kinds must remain only supplemenreally retain the American Liberty which these two subdivisions share Now Marxists do not believe that tained, were meant by them not at shall, they immediately proclaimed plantation owners, was to hold tary to the basic work of promotLeague to bring suit against this in common, and thus also obscure Congress is the people represen all to guarantee democracy, but the power of the Supreme Court to rower. And this is the manner in ing and strengthening the basic outrage: it too is a stalwart de the fundamental class conflict of tative. They believe that con to make sure that what democracy RX on the constitutionality of which every class which means organizations of the masses. The modern society grees, like the Supreme Court, is there was would not get out of laws (the case of Marbury vs. historic business settles fender of the Constitution.
basic poor farmers must look first not to In terms of their approach, the part of the apparatus of bourgeois bounda. Every Institution, wrote Madison. In a long serles of bril question.
Congress and the Supreme Court Daily Worker Finds the Issue The struggle which the working but to their unions, cooperatives, The big issue before the American class faces at the present time, the leagues, and demonstrations, for people, then, according to the Daily struggle for power and for the benefits and relief. The workers Worker, is given in front page overthrow of the bourgeoisle and will have the right to organize box: Unite for action to demand its state, is not expressed in any when they take that right through that Congress and the President: direct way in the conflict between the Independent strength of their Repudiate the right of the Snthe New Deal (upheld by the trade unions, and conse carpeeting preme Court to declare laws un President and Congress) and the it to be handed down from on high constitutional Impeach Judges Supreme Court. The struggle of by favorable decisions. The one who usurp the democratic rights of (Continued from Page 1) descent to the Avernus of uitter opfand to safeguard the property and thugs of the manufacturers; and the working class, in its political effective curb of the Supreme the people. Amend the Constitu wwiam Foster and Earl Brow. portunism is easy. Having become privileges of the rulers of the Re not to shoot down workers striking spect, is a struggle against every court 1s, precisely. the organized from declaring laws unconstitution the Autocratie Power of the su farm program against the ultra dicial branches, as checks upon the there is a Farmer Labor mayor the conflict between the Supreme The real business of the revolual.
preme Court.
reactionaries, the Stalinists go fur larger and more representative Con named Latimer. Recently his po Court and Congress represents in tionary party is the organization of We are reminded that, in France ther. They call upon Roosevelt him grees (capitalist control over lice killed two strikers at the strut part a conflict between different the working class and its allies for the Communist party not dissimiThis manifesto has created a self to make good his speeches, and, which is somewhat more dificult. wear plant and wounded over 20 sections of the bourgeoisle, in part the conquest of power. Every imlarly demands that Laval furore among those few Stalinista as father of the AAA, to his divide the labor of carrying out the more. But the Stalinists forget ae bureaucratic contest for control mediate demand, every particular Fascist Leagues and out the vase Lenin teachings and still recall the Supreme Court and to take up Supreme Court power to declare whole history of the strikebreaking tive governmental apparatus. The only so far as, In its historical imcist officers from the army. And the Stalinist arguments of yest the struggle against entrenched laws unconstitutional is simply a role of reformist governments. AAA decision is perhaps chiefly implications, it alds in this central the of France to similarly day. Well it might! Such a whole greed. Mr. President, they shout, modification and magnification of astonished that the representa sale burial of its professed pruic repudiate the Ruling. the President veto power. How with the following appeal. Au series of temporary devices to tide the class aside from the road to The Stalinist manifesto concludes portant for re emphasizing the fact task; and is on every occasion to tives of the people continue to iples by a working class party What is the most elementary prio ever loudly they bellowed, no Presi progressive, liberal, and allow such subversive activities without so much as a funeral ora ciple of Marxism? The state is the dent and no bourgeois politician forces in the country must unite in anda tehasem vores produten per ont power.
a suhe sociale pokli, ie in less granto Board of all its traditions has never class. The head of the state acts but sham battles with the Supreme mon enemy Wall Street. Here inne Supreme Court, boy nae reason NEW MILITANT same polnt of view. Norman Tho history of the labor movement. In ask or to expect that any officer of the existing order and the Holy of plain as the nome on one face Job of undertaker. For Roosevelt, mas writes: Now six old men on this declaration, the American Com the bourgcols state will carry on a Holles of American bourgeois de The main enemy is no longer cap the New Deal remains now as pure with which is merged THE MILITANT italism, but its Incarnation, the demagogy as a series of agita Published weekly by the New Mill against of their colleagues hand with its past and goes over without and their institutions is to put one having called upon to lead devil of Wall Street. Throughout tional phrases wholly divorced from tant Publishing Co. 56 hast 11th destroys the constructive program worm eaten platform of liberal leat of revolutionary doctrine. restoration of popular government, the least hint that there exista an which he hopes to retain enough of Satered second classroom natter down a decision which practically concealment or equivocation to the faith in miracles. This is the simpthe masses in which has been set up. You reformism.
And the stalinists today flout at the stalinists and it necessary to economie system of slavery called middle class and labor sentiment to at the Post Office at New York, have a complete picture of judicial This is indicated at the very be under the act of March 8, 1879.
foln with my com. Einning of the manifesto, which apology, Could betrayal be more successfully fought the autocracy the evils under which we suffer. enable him to secure re election.
rades in demanding Immediate and acknowledges that the Communist of the Supreme Court and that Nothing there that has not been Playing Reaction Game JAMES CANNON: Editor drastie action to end this judicial party criticized the AAA because the history of American polities is the United States. They proceed century by hundreds of liberal and the Communist party and the So states 00 per year: 66c per six Anyone who knows anything abont popular government once existed in sald, and said better, in the past To bulld up and emphasize, as Subscription rates: In the United upon an end of this Judicial oll. because it helped to raise the cost aware that the tripartite division to rewrite American history as fol petty bourgeois politicians. Farchy. this government by the of living, because it helped mainly the parliamentary, presidential, and shows that Presidents who really spectacle of complete capitulation Court playa into the hands of re rates: Two cents per copy cialist party are doing, large months; Canada and foreign 50 dead hand of a Constitution, which the rich. This is by no means Judicial arts was expressly design meant to fight any to create ones or the One stands aghast before this scale campaign to curb the Supreme per year; 00 six months. Bundle ticular polftical and economic doc the AAA but it will do so far as the expression of the popular will supreme autocrats of the country. consciousness has been expunged Indeed, it would be on the whole al Sven living power by the par the whole reactionary esence oted by the ruling classes to stranglediated reactionary decisions of the to the most vulgar petty bourgeois action. It is not that the demand trines of the old men on the Suit goes. What follows? Does the reformism. Every trace of class to curb the court is in itself wrong. SATURDAY, JANUARY 18, 1936 preme Court bench. It becomes still condemn the AA Vol. 2, No. (Whole No. 55)
the most important single Immedt the Roosevelt administration that Rewriting American History from this Stalinist document. Not ate task of the Party and the ena phrase that any infuriated petty tire labor movement to put it through? Quite the con Every one of the examples they of the Supreme Court are only with oth Sounds, not the rele. net Workers Rights Amendment.
push the trary.
cite are false and misleading. Lin vaguely defined, judicial supremacy with Better in Post They concentrate their attack, coln did not recognize the Dred is in no respect precluded, and the be uttered time and again by po Such analyses and such propo but upon not upon the AAA and its authors, Scott decision. The truth is that records of the Constitutional Con litical demagogues of the Demo Supreme Court which he criticized it before becoming vention, as Charles Beard has cratie party. The Stalinists are sals have, of course, nothing in killed it. What reasons do they President and obeyed it until the proven, show the court was to have not inconsistent in demanding that common with Marxism.
reformist, not Marxist. In charaction?
They are give for thus reversing their post Civil War broke out. He led the much power. The Supreme Court Roosevelt lead them in a struggle Listen, Oye faithful! The people into the Civil War to wipe bas exercised this right without against the reactionaries. Nor will LECTURE AND DANCE ter. This is sufficiently Indiented Communist party now light the cut slavery.
What an idealization restriction since the days of John it be inconsistent with their present 8:30 Speech by NATHAN GOULD, National Secby the fact that the liberal New Supreme Court decision because it and falsification of history. Liu Marshall, and will continue to ex policy if they support Roosevelt in York Evening Post, the shrill New deprives the farmers of the little coln led the people into the Civil ercise it so long as bourgeois de the coming elections. For the post retary on The Life and Work of Karl Liebthis official Deal defender, has taken exactly aid they received from the AAA, War to wipe out the power of the mocracy survives in this country. Hon represented knecht and Rosa Luxembourg. Short musical program.
document alone is indistinguishable this same approach to the Supreme because the Supreme Court decision the bourgeoise and was finally. the Supreme Court has usurped from that of the left wing of the slaveholders and conquer power for these pitiful wretches complain: 9:00 Dancing, refreshments. Good band.
the AAA decision, except Court in its editorials following outlawe any attempt on the patter much hesitation, forced to its powers. But the Supreme Court Democratie party. which is its of the people to fight Wall Street, SATURDAY EVENING, JANUARY 25, 1936 words have been more challenging because this declision would stili emancipate the slaves to accomplish is not alone in that. So has the we hope they will admit, a capital20 East 14th Street, Hat check 250 and more vigorously written: and further help the rich at the expense these ends. President Jackson, the President, and, even more, so has ist party.
it has proposed the same reform of the poor.
What do those honest workers Auspices. Spartacus Youth League, District mensure the vein of a speech by Postmaster surped by the capitalist class from and revolutionists who still remain What, then, is wrong with this What is the substance of such Parley, refused to recognize Su the masses of the people. The Su in the ranks of the Stalinist party approach? Where does it differ arguments? First, the rich farmers, preme Court decisions. Jackson preme Court is one of their agen think of such a line? Surely there from Marxism?
ftogether with the banks, Insurance was a slaveholder and a servant les of domination; the Presidency are still some among them who are What is wrong with it is that companies, and corporations) are of slaveholders, just as Roosevelt is another. Revolutionists will get close con cious enough to recognize instead of clarifying, het obscure now deprived of their subsidies is a political servant of the wage rid of these usurpers by overthrow this surrender of the first principles and glosses over the fundamental from the AAA, pald for with the slave holders of capitalism. He dia ing them altogether.
of Marxism and draw a few conclass issues which are the source blood of the masses. They must, ignore Supreme Court decision But how do these people propose clusions from it.
celebrating and root of historical development, therefore, be contimed. Second, when the court attempted to proto uproot the reactionary power of The lenders of the party who THX FIFTEENTH ANNIVERSARY OF and, Instend of exposing, it veils the enemy of the working class is teet the lands of the Cherokee In the Supreme Court? By constitu. have issued this document, and who and softeus the role of the state.
not capitalism and all its institu dians against their seizure by the tational amendment, no less. slavishly repeat today the threadMarxism and the State tions, but only the Wall Street Georgia slaveholders! President noble etterprise, indeed! Let us bare phrases of petty bourgeois BROOKWOOD financiers and their judicial strong. Grant increased the membership of pull out the teeth of the capitalist radicalism, comienning the SuMarxism is primarily distin hold, Third, although the AAA is the court to change a Supreme tiger with a pair of sugar tongs. preme Court for its uservation of Labor Oren School guished by analyzing every sucial one of the most cunning and eff Court decision. He did so to val. If Roosevelt won turn the trick power, are themselves the greatest and political problem from a close tient instruments of destruction crize the paper money issited during (and it is apparent that they either of nurpers. They have usurped!
Speakers: point of view. In contemporary and extortion devised by the Demo the Civil War and held by the finan. half hope he will, or at least wish the title of Communists, the name imperialist Society, this means that cratie agents of ruling it aristocracy!
their duped lowing leve he revolutionist, THIOMAS KENNEDY tra FRANCIS GORMAN Marxism always explains and in must be defended because the ultra These people, who now vie with could do so) then a Farmer Labor Marx and Lenin. Workers, learn TUCKER SMITH terprets events only in the light of reactionary Liberty Leaguers who the Liberty Lengue and Hearst in government The Farmer Labor to distrust such charlatans, who the fundamental conflict whose oprese it may invent a worse one posing as defenders of the Consti government will presumably abolish mas nerade in the borrowed cos Fraternal greetings from George Meany, David Dubinsky, course determines the direction of This is the policy of the lesser tution, echo tbe old cry of the all the evils of capitalisin, if not tumes of Communism. They are oseph Schlossberg, Frank Grosswaith, Spencer Miller, Jr. historical development: the con evil with a vengeance. On this petty bourgeois liberals: The Con capitalism itself. Among the other your greatest enemies. They canflict between the bourgeoisie and ground every action of the Roose stitution does not give the Supreme things it would do. according to not and will not defend your inHilda Smith, George Rhodes In terms of this velt regime can be justified and Court the right to declare laws this manifesto, is to use the army terests. They will inevitbly be contiet. Marxism interprets the probably soon will be if we read passed by Congress unconstitution and National Guard to protect the tray you as lightly as they have Frank Hofbrau, 1680 Broadway near 52nd St.
SATURDAY, JANUARY 18, AT P.
role of the state as the political the signs aright.
11. But this cry has no historical workers against the violent strike here betrayed the principles of executive of the bourgeoisie, whose Once the first step is taken, the foundation Although the powers breaking activities of the scabs and Communism.
19 Liebknecht. Luxemburg Anniversary Luncheon Symposium