Congress and the Supreme Court

Authors

Thomas Frank Konop, Notre Dame Law SchoolFollow

Document Type

Article

Publication Date

1926

Publication Information

1 Notre Dame L. 67 (1925--1926)

Abstract

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.

Recommended Citation

Thomas F. Konop, Congress and the Supreme Court, 1 Notre Dame L. 67 (1925--1926).
Available at: https://scholarship.law.nd.edu/law_faculty_scholarship/1039