Representative JOSEPH A. GAVAGAN, of New York
MR. GAVAGAN.--Mr. Speaker, ladies and gentlemen of the House, the right of the Supreme Court of the United States to declare invalid acts of Congress in conflict with the Constitution, is a principle of our Government so self-evident as to need no proof; and the contention that such right and power does not and should not exist is an argument so unsound on its face as to appear to need no reply. Nevertheless, exactly that contention is now being made in certain quarters in this country, has appeared in certain newspapers with considerable demagogic appeal, and has recently even been propounded to this House by a Member, Hon. Fred J. Sisson, of New York (see address of Mr. Sisson, Congressional Record, July 17, p. 11812)--and it must be answered--not to disprove that which needs no disproving, but in order that statements the uninformed might accept as sound may not go unchallenged.
The argument has been made that the power of the Supreme Court to declare acts of Congress contrary to the Constitution void, does not exist in law and is an arbitrary assumption of power unnecessary and harmful____________________
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Publication information: Book title: Congress or the Supreme Court:Which Shall Rule America?. Contributors: Egbert Ray Nichols - Compiler, Egbert Ray Nichols - Editor. Publisher: Noble and Noble. Place of publication: New York. Publication year: 1935. Page number: 175.