Congress or the Supreme Court: Which Shall Rule America?

By Egbert Ray Nichols | Go to book overview
Save to active project

INIQUITY OF THE FIVE TO FOUR DECISION*

Representative JOHN J. McSWAIN, of South Carolina

We hear much said about lawlessness and about the lack of respect by the people for laws and for the courts, and the criticisms are justified. But I call the attention of Congress and of the country to the lack of respect by the majority of the court for the minority of the court. Courts approach the consideration of the constitutionality of a statute with the declared major premise that the act is presumed to be constitutional and must be found to be unconstitutional beyond a reasonable doubt in order to justify a court in frustrating the solemn deed of a coordinate branch of the Government. And yet in the face of this fundamental proposition we find five members of the court holding that State statutes and acts of Congress are unconstitutional, while four members of the same court file vigorous and logical dissenting opinions, arguing that these legislative acts are constitutional. We therefore have a right to ask why it is that the learned and laborious dissenting opinions do not raise a reasonable doubt in the minds of the majority. This five to four ratio is becoming a serious question in the minds of the thinking people in the country. The effect is that one man, the fifth member of the majority,

____________________
*
Remarks in House of Representatives by John J. McSwain of South Carolina, Jan. 6, 1922. Con. Record v. 62, Pt. 1, P. 896, Jan. 6, 1922.

-382-

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.
Loading One moment ...
Project items
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.

Cited page

Bookmark this page
Congress or the Supreme Court: Which Shall Rule America?
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?

While we understand printed pages are helpful to our users, this limitation is necessary to help protect our publishers' copyrighted material and prevent its unlawful distribution. We are sorry for any inconvenience.
Full screen
/ 478

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.

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.

Are you sure you want to delete this highlight?