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Limitation of Power of Supreme Court to Declare Acts of Congress Unconstitutional

By: Julia E. Johnsen | Book details

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SUMMARY OF THE ARGUMENTS

RESOLVED: That the power of the Supreme Court to declare acts of Congress unconstitutional should be revoked.


INTRODUCTION
A. The power of the Supreme Court over acts of Congress is theoretically merely a ruling upon their constitutionality.
1. It undertakes to determine whether statutes are in conformity with rights granted under the Constitution.
2. It does not rule upon the validity of all legislation but only upon specific cases brought before it.
a. The claim must exist that a statute brought before the court affects a litigant and interferes with a right or privilege given him under the Constitution.
3. It does not give an opinion upon the constitutionality of statutes before they take effect.
B. A number of proposals have been made to modify or abolish the power of the Supreme Court over national legislative acts.
1. One proposal long advocated has been to do away with 5-4 decisions by requiring a larger than a bare majority vote to invalidate legislation.
2. Another main proposal has been a constitutional amendment to permit Congress, by ā…” or other vote, to maintain

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