Reorganization of the Federal Judiciary: Extract from Hearings Before the Committee on the Judiciary, United States Senate, Seventy-fifth Congress, First Session, on S. 1392, a Bill to Reorganize the Judicial Branch of the Government
U.S. Government Printing Office, 1937 - 26페이지
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acts administration adopted agree amendment American answer appeals appointed Attorney authority believe bill BRANT Certainly CHAIRMAN Chief committee Congress consider Constitution correct CORWIN course deal decided decision desire doubt economic effect executive expressed fact favor Federal feel give going Government GREEN HAINES held hold important increase interested interpretation Judge PECORA judges judicial judiciary Justice labor lawyers legislation letter limit majority matter mean ment MILLER mind MOLEY needs objection opinion pass period political practice present President problem proposal question reason record reference respect retire rule Senator AUSTIN Senator BURKE Senator CONNALLY Senator DIETERICH Senator King Senator LOGAN Senator McGILL Senator NEELY Senator O’MAHONEY Senator WHEELER statement statute suggestion Supreme Court term thing thought tion true unconstitutional understand United vote witness
187 페이지 - We are under a Constitution, but the Constitution is what the judges say it is.
410 페이지 - The act invades the reserved rights of the states. It is a statutory plan to regulate and control agricultural production, a matter beyond the powers delegated to the federal government. The tax, the appropriation of the funds raised, and the direction for their disbursement, are but parts of the plan. They are but means to an unconstitutional end.
562 페이지 - The other is that while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint.
798 페이지 - I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers.
85 페이지 - The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.
223 페이지 - If they were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution, which they are to guard ; they would not consider such a law as coming under their jurisdiction. They would declare it void.
413 페이지 - At the same time the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
539 페이지 - Until the people have by some solemn and authoritative act annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge of their sentiments, can warrant their representatives in a departure from it, prior to such an act.
460 페이지 - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
289 페이지 - I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. As a result of the war, corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all the wealth is aggregated in a few hands and the Republic is destroyed.