EXCHANGE THE SUPREME COURT AND BY BLAINE FREE MOORE, A. M. Assistant Professor Political Science, George Washington University UNCONSTITUTIONAL LEGISLATION BY BLAINE FREE MOORE, A. M. Assistant Professor Political Science, George Washington University SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN THE FACULTY OF POLITICAL SCIENCE IN COLUMBIA UNIVERSITY UNIV OF NEW YORK PREFACE UNIV. OF CALIFORNIA ALTHOUGH discussion of the unique position of the courts in this country has not been confined to recent times, probably never before has the question reached such an acute stage as at present, nor given rise to so much serious discussion as to the advisability of limiting some of the more important powers of the judiciary. An awakening consciousness of our social, economic and political defects and a growing belief that these can be lessened by increased governmental action has led to various reformatory measures on the part of the legislative and administrative branches. Whether wisely or unwisely we are not here discussing, but the fact remains that the courts, in some instances, have checked these legislative and administrative activities through their power to declare statutes and ordinances unconstitutional and hence null and void. This action on the part of the judiciary has caused wide-spread comment and led to proposals to limit, by various means, this power of the courts. In studying this question the author was struck with the fact that, although the courts are held responsible for many acts both wise and unwise, and individual cases are cited to prove the contentions set forth, yet no systematic attempt has been made to ascertain what as a whole the judiciary has accomplished by its power to declare statutes unconstitutional. It was to supply this omission that this study in one branch of the subject was undertaken. 263730 |