Congress or the Supreme Court: Which Shall Rule America?

Congress or the Supreme Court: Which Shall Rule America?

Congress or the Supreme Court: Which Shall Rule America?

Congress or the Supreme Court: Which Shall Rule America?

Excerpt

The 1935-36 National Debate Proposition is:

Resolved, that Congress should have power to override, by a two-thirds majority vote, decisions of the Supreme Court declaring laws passed by Congress unconstitutional .

The terms of this proposition seem to be fairly clear and precise. All are technical political science terms with the exception of "override," which undoubtedly means the same thing as the political science term "nullify." The gist of the proposition is: Congress by reenacting a law declared unconstitutional (that is, set aside as null and void in the course of adjudicating cases before the Court) by a two-thirds vote re-instates the law and suspends for the life of that particular law the action of fundamental law with which it is declared by the Court to be in conflict. The particular clause in the fundamental law (the Constitution of the United States) is not amended or changed; it merely ceases to be regarded as in force in the case of that particular statute. It applies to all other cases of conflict unless Congress by exercising its proposed power re-enacts other legislation thus voided by the Constitution.

We have here, then, quite obviously, a check upon the Supreme Court veto, for that is what the declaring of a law unconstitutional in reality amounts to. We . . .

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