VII.
THE REAL MANDATE FROM
THE PEOPLE

Why should we not have a patient confidence in the ultimate justice of the people? Is there any better, is there any equal hope in the world?

— Abraham Lincoln

IN MANY respects the most persuasive argument advanced in support of remodeling the Supreme Court is the assertion that such a course is necessary to make democracy effective. By striking down the N.R.A., the A.A.A., the Guffey Coal Act and other New Deal measures, it is said, an appointed judiciary has frustrated the will of the people. Consequently, the Court must be brought into line with the election returns.

The American people are thoroughly committed to the democratic system of government. If a choice had to be made, they would even abolish the Supreme Court to preserve the basic elements of self-rule. Hence, the President has but to prove that "new blood" on the supreme bench is essential to make our political system workable and the opposition will vanish like a morning mist.

There is a widespread suspicion, however, that the word "democracy" is confused in the mind of

-63-

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The Supreme Court Crisis
Table of contents

Table of contents

  • About the Editor *
  • The Supreme Court Crisis *
  • Foreword v
  • Contents *
  • I. the President's Dilemma 1
  • Ii. a Case Built on Sand 1o
  • Iii. Mr. Justice Roosevelt 22
  • Iv. the Balance Wheel of Democracy 29
  • V. is the Hughes Court Packed? 4o
  • Vi. the Verdict of History 54
  • Vii. the Real Mandate from the People 63
  • Viii. More Honored in the Breach 75
  • Ix. What is the Crisis? 81
  • X. the Constitutional Way 88
  • Xi. Conclusions 102
  • Bibliography 1o7
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