Labor and the Sherman Act

Labor and the Sherman Act

Labor and the Sherman Act

Labor and the Sherman Act

Excerpt

It is evident from the recent rejection, by the Senate of the United States, of the President's nomination to the Supreme Court of Justice Parker, mainly on account of his opinion in the Red Jacket case, that public opinion, or at least political opinion, is attacking the Supreme Court on account of its interpretation of the Sherman and Clayton Acts. When the time is thus reached that the Supreme Court is treated as the highest legislative body of the land instead of merely a judicial body, and when the economic theories of the court are becoming tests of the eligibility of justices, it is a matter of national importance to discover how it came about that the Supreme Court became a supreme legislature.

Mr. Berman's minute investigation is not only a contribution to the subject of conflicts between organized capital and organized labor--it goes to the foundations of the historical supremacy of the Supreme Court in the constitutional system of the American Commonwealth. It is a third chapter in that history, comparable to the former chapters on the slavery and greenback opinions of the court.

Like every issue in economics and politics the same words may be given opposite meanings according to the leanings of the interpreter towards one side or the other of the conflict. Mr. Berman has rightly directed his attention to the meanings of words.

JOHN R. COMMONS

University of Wisconsin . . .

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