Congress or the Supreme Court: Which Shall Rule America?

By Egbert Ray Nichols | Go to book overview

SUPREME COURT AND "NEW DEAL" LEGISLATION*

JOHN W. HESTER

During the past several weeks there has been spoken and written volumes of argument upon the subject of the United States Supreme Court and its relation to the "new deal" program, whether friendly or unfriendly; but there has been an actual dearth of facts presented to support the argument. What is the record? What it discloses should settle the question.

Now, there can be but little intelligent discussion of this subject until we have a definite understanding of the nature of our governmental structure, for we can never properly appraise the work of the Court until we ascertain the structural problems it has to deal with.

It should be observed in the outset that we have here in the United States a dual form of government, which is unlike any other government in the world. In the States we have municipal and county governments, but they are only subdivisions of the State for governmental purposes, while the States are the sovereign sources of authority and may recall at will the powers given these subdivisions. But the States are not subdivisions of the larger Government, which we will call the Federal State. They are still sovereign except as to such of their sovereignty as they have ceded to the United States, or the

____________________
*
From the Washington Starof July 21, 1935.

-331-

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