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Congress or the Supreme Court: Which Shall Rule America?

By Egbert Ray Nichols | Go to book overview

RE-ENACTING LAWS OVER JUDICIAL VETO*

Representative HARRY B. HAWES

Mr. Speaker, it is proposed by constitutional amendment to take from the Supreme Court the power of judicial review of legislative enactment.

It is further proposed that congressional enactments may be reviewed by the Court, but if declared a violation of the Constitution by the Court, then Congress may by subsequent enactment replace the law upon the statute books and further court review be restrained.

Which means that if the Court in review holds the law to be good and not a violation of the Constitution it becomes a law.

If the court holds the law is bad because it violates the Constitution, then Congress can make it good by the simple process of reenactment.

If Congress passes a good law once, it is to remain, but in order to make a bad or unconstitutional law constitutional it will be required to do the bad thing twice, and by this repetition bad law becomes as good as good law.

If Congress strikes the Constitution only one blow with one fist, it will be called a draw; but if Congress comes back and hits the Constitution a second blow with the other fist, Congress wins.

* * * * *

____________________
*
Cong. Record v. 64, Pt. 1, P. 1016, Dec. 28, 1922.

-125-

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