Evening star., 1935-01-20
Supreme Court Holds the Scales in
The Issue of Validity of Contracts

ties If you could get further down to
the bedrock Of conviction as to what
are conceived to be fundamental
principles Of government and social
relations, you might be able to get
closer to accurate prophecy"
For more than 100 years there have
been spasmodic attempts in Congress
to alter the voting rules of the Su-
preme Court. Most frequently these
moves have taken the form Of pro-
posed laws to require that no act of
Congress can be held in violation of
the Constitution unless two.thirds or
even all the justices of the court
agree. But, again, these efforts have
failed.
Then has the court frequently ex-
ercised its power TO oVerrule Congress
and the Executive? The truth is that
the use of this power has been so in
frequent that in all of the country's
history fewer than 100 Federal cases
have been held unconstitutional. Since
the Civil War the number has been
81, with one of these the first New
Deal case to reach the Nations high
est tribunal.
While relatively few laws have been
held unconstitutional, Mr.. Hughes
said a few years ago, while prac-
ticing attorney, with experience on
the Supreme Court but before being
elevated to the chief justiceship:
The existence of the function Of
the Supreme Court is a constant
monition to Congress. A judicial as
distinguished from mere political
solution Of the questions arising from
time to time has its advantages in
a more philosophical and uniform ex-
position Of constitutional principles
than would otherwise be probable.
Moreover, the expansion of the
country has vastly increased the
volume of legislative measures and
there is severe pressure toward an
undue centraliZation If our
dual system with its recognition Of
local authority in local concerns Is
worth maintaining, judicial review Is
likely to be of increasing value"
4 X 4 \
IldL IdlocS t11C 4uCoGAOA Vi III" tlAC
Supreme Court goes about determin-
ing the constitutionality or lack Of
constitutionality of acts of Congress.
The method followed today has
been in effect since Civil War days.
It includes presentation of briefs, then
arguments before the justices in their
court room, which during the early
days of the Nation was the Senate
Chamber.
After the hearings are concluded for
the week the justices meet in their
conference room, located in the base
ment of the Capitol. There the Chief
Justice outlines the facts and argu-
ments and directs the discussion that
follows.
The senior associate justice opens
with his expression Of views on the
issue. Then each justice does likewise,
speaking in turn based on seniority.
When the time comes to vote the
youngest member of the court casts
the first vote and the Chief Justice
the last vote. The procedure is de-
signed to eliminate the chance that
the young members Of the court may
be swayed by the older members.
After the decision the Chief Justice
assigns one of the majority justices
to write the opinion, or he may de-
sire to do the writing himself.
While the entire New Deal may be
jittery over the possibility Of rough
treatment for pet legislative crea-
tions, the Supreme Court gives no
sign of unusual concern over the
problems presented to it. The justices
obviously intend to test the New Deal
laws with the same old constitu-
tional yardstick. If the laws meas
ure up, well and good. If not, the
Job may have to be done over again
In q different way.
(Copyrigft. 1889