Readings on the Relation of Government to Property and Industry

By Samuel P. Orth | Go to book overview

in respect to such property, and to render of no effect those Police Powers which the Court for a hundred years has exalted above the Constitution itself.


THE PROGRESSIVENESS OF THE UNITED STATES SUPREME COURT

BY CHARLES WARREN, ASSISTANT UNITED STATES ATTORNEY-GENERAL

(From the Columbia Law Review, April, 1913)

During the past two years, there has been much agitation directed against the Supreme Court of the United States, frequent reference to "judicial oligarchy," "usurpation" and the like, and demands for fundamental changes in the judicial system under the constitutions, not only of the States but of the United States. An evil is alleged to have grown up requiring radical measures for its correction -- an evil consisting in the supposed tendency of the National Supreme Court to invalidate by its decisions the liberal and progressive State legislation of the day.

There is grave danger that through constant iteration the truth of this charge will be assumed, and that the discussion will be confined to the form of remedy needed.

The Bar of this country has too long neglected its duty in allowing this charge to take root in the minds of laymen, swayed by unanswered articles in popular magazines and by uninstructed orators on the stump. Unless the Bar and the law reviews set the real facts constantly before the people, a complete misconception of our greatest Court may prevail to the detriment of its influence and of its powers. The falsity of the charge is easily to be proved.

The reformers who claim that the Court stands as an obstacle to "social justice" legislation, if asked to specify where they find the evil of which they complain and for which they propose radical remedies, always take refuge in the single case of Lochner vs. New York decided by the United States Supreme Court in 1905, in which the Court held unconstitutional the bakers' 10-hour day law of New York.1

Yet a single case does not necessarily prove the existence of an evil. If the evil is as serious as is claimed, it ought to be easy to point out numerous other cases.

The years 1887 to 1911 inclusive have constituted the period most productive of progressive and liberal -- even radical --social and economic legislation in the United States. The evil, if it exists, must have grown up during these years and should appear in the decisions

____________________
1
Lochner vs. New York ( 1905) 198 U.S. 45.

-137-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
Readings on the Relation of Government to Property and Industry
Table of contents

Table of contents

Settings

Settings

Typeface
Text size Smaller Larger
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 666

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.