Sooner or later this country must face the problem of the Negro. It is simple enough in New York. It is not so simple in Mississippi, where the Negro… - John T. Flynn

Mussolini and Hitler, of course, realized that a system like this, which undertakes to impose a vast complex of decrees upon a people while subjecting them to confiscatory taxes to support the immense activities of the State cannot be operated save by an absolute government that has the power to enforce compliance. Actually this system had spread over Europe. For nearly 70 years all the countries in Europe, with Germany in the lead, had been experimenting with the baleful idea of the security State, the State which attempts to provide its people with jobs and protection from all the hazards of life. After World War I, the dominance of this idea over the populations of every European state became complete and every state in Europe was riding, before World War II, hell-bent for bankruptcy under the impossible burden of meeting these obligations.

The old socialists had argued for the taking over of the instruments of production by the state which would manage them for the benefit of the people. Sorel saw in this an evil worse than capitalism. It was, in fact, state capitalism or statism. The tools of industry should be owned, not by the state, but by the workers.

In 1933, suddenly, with little or no consideration in the great disorder and fever of the collapse, Congress passed the National Recovery Act. That act authorized the President to bring about a complete and comprehensive organization of industry and to make rules and regulations governing every phase of its activities. Under practically every category of industry and finance the entire nation was organized into what the Italians would call ‘corporatives’; what we called code authorities. These code authorities, under the authority of the President, were empowered to make rules, to regulate production, prices, distribution, competition in all its phases. These regulations had the force of law and under them men could be hauled into court on civil and criminal liabilities. Some men were actually jailed for violating them. It is, I think, a fair statement that the President, under the NRA, exercised the right to make laws over at least half, if not more, of the domain within which Congress ordinarily legislates. The Supreme Court, in a unanimous decision, declared this law unconstitutional and based its opinion entirely on the proposition that Congress had delegated its legislative power to the President, who in turn had delegated it to the code authorities.