Statisticians, following the furore over the Supreme Court's N.R.A. decision, recently made an investigation to determine how many and what percentage of congressional acts have been declared to be unconstitutional. The data given out, and not disputed by any champion of the new deal, show 24,016 public acts passed by Congress since 1789. Those do not include, of course, the special pension and other bills that go through in great bunches and apply only to individual cases and have no general significance or application. Of those 24,016 acts the Supreme Court has declared only fifty-nine to be unconstitutional.
A percentage of one in every 407 bills will not appeal to thinking Americans as an evidence of Supreme Court domination of Congress. That tribunal is set up for the express purpose of seeing to it that Congress and the legislatures do not violate the fundamental rules laid down in the constitution. The fact that only fifty-nine of 24,016 congressional acts have been found to be contrary to the constitution speaks well for both the court and Congress and is a convincing answer to those who talk about the constitution being out of date.
Congress from the beginning has had the constitution in mind when enacting laws. It has considered various proposals with a view to the constitutional limitations.____________________