INTRODUCTION Decisions by the Supreme Court of the United States declaring certain attempts at social legislation by Congress to be unconstitutional have been the cause of renewed attacks upon the judicial power. To meet the situation it has been suggested that Congress be given the authority to re-enact laws which have been declared unconstitutional without being forced to use the cumbersome process of constitutional amendment. In considering the criticisms of the Supreme Court two factors must be recognized: the general movement to make our state and Federal governments more quickly responsible to the electorate; and the tendency to demand Federal action upon economic and social questions, many of which had formerly been considered problems peculiar to the individual states. Federal aid to education, and the setting up of standards as a basis for such grants, is an indication of the trend of thought which also promoted a Federal child labor law, one of the acts which was declared void by the Supreme Court. The question raised is, however, far broader than the reaction to any single act of Congress. It affects vitally the powers of one of our three coordinate departments of government. Summarized the issues are: has the Supreme Court undesirable authority? and, if so, is a further check by the legislative body a desirable solution? While the present compilation was made primarily for the use of debaters, it is hoped that it will be of service to students who wish a bird's-eye view of the entire question. March 4, 1924. D. J. E. r BRIEF SOLVED: That Congress shall have power to nullify decisions of the United States Supreme Court declaring Federal laws unconstitutional. AFFIRMATIVE The present unchecked authority of our Supreme Court is not consistent with a theory of checks and balances. A. It is beyond departmental checks. 1. The President is checked by the Legislature and the court. 2. The Legislature is checked by the court and the President. 3. The court is responsible to no one. B. It is beyond electoral checks. 1. 3. The President is elected every four years. Senators and congressmen are reelected every two or six years. Judges hold office during good behavior, or indefinitely, and are appointed-not elected. The framers of the Constitution apparently did not intend to grant the Supreme Court power to declare laws unconstitutional. A. A definite project to grant the judiciary reviewing power was rejected four times. B. No mention was made of that power, although all other checks were noted. C. The Supreme Court did not assert that authority until years after the formation of the government. Such power is unique in the United States |