Document Type
Article
Publication Date
1926
Publication Information
1 Notre Dame Law. 115 (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 (continued),
1 Notre Dame Law. 115 (1926)..
Available at:
https://scholarship.law.nd.edu/law_faculty_scholarship/1030
Comments
Part I of this article is available here.
Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).