The Supreme Court and the Constitution

The Supreme Court and the Constitution

The Supreme Court and the Constitution

The Supreme Court and the Constitution

Excerpt

This volume was written in the midst of a controversy that raged a quarter of a century ago, and it was widely regarded as having contributed materially to the settlement of one issue in the debate, namely, the power of the Supreme Court to pass upon the validity of Acts of Congress.

At that time, a number of courts -- federal and state -- had declared unconstitutional several acts of legislatures. Angered by repeated checks placed upon "social legislation," sponsors of such measures, aided by Theodore Roosevelt, charged the courts, including the Supreme Court of the United States, with imposing unwarranted restraints on "the right of the people to make laws." In the course of the dispute, leaders among the foes of judicial intervention alleged that the Supreme Court in Washington had "'usurped" the power to invalidate acts of Congress on constitutional grounds.

The question was then taken up in a popular discussion characterized by no little sound and fury. While the discussion was in process, in newspapers and on platforms, the author sought a positive answer to the question in the historical documents of the men who made the Constitution. He asked himself: "What do authentic documents disclose respecting the intention of the framers in the matter of judicial power?" The results of his researches were incorporated in this work. While a few critics attacked the conclusions, readers had before them the testimony on which to base their own verdict.

For practical purposes, the book settled the controversy. At . . .

Author Advanced search

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.