Congress or the Supreme Court: Which Shall Rule America?

By Egbert Ray Nichols | Go to book overview

JUDICIAL NULLIFICATION*

Representative FRED J. SISSON, of New York

An exhaustive discussion of the question of the power of the Federal judiciary to pass upon the constitutionality of acts of Congress cannot, of course, be given within the limits of this address. A thorough and exhaustive discussion would involve the history from contemporary sources of the framing of the Federal Constitution in the Convention of 1787 and of the ratifying conventions held subsequently thereto in the several States. It would also include an analysis of a number of the decisions by the Supreme Court wherein the constitutionality of acts of Congress was passed upon by the Court. To go further and make the study of this question of practical value for the present and future there should be included within the study such related questions as: Should the Supreme Court or other Federal courts have the power to nullify acts of Congress?

And the other equally important related question:

What is the remedy for the present anomalous situation in our Government wherein laws which have been in effect for a period of years, and under which men have made contracts, engaged in business, shaped their lives, may be set aside by a court?

____________________
*
Address ot Hon. Fred 1. Sisson, of New York, July 10, 1935, of the Institute of Public Affairs at the University ot Virginia.

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