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12 Notre Dame L. 347 (1936-1937)


This article examines the controversy the Supreme Court have declaring unconstitutional several acts of Congress by striking social and beneficial laws from the statute books. The Supreme Court in effect told the American people that because of the Constitution their representatives could not pass these laws. It is the Supreme Court that is usurping the power of Congress and the President. It is the Supreme Court that has been destroying laws passed by Congress for a better life, more liberty and equality; social justice, and pursuit of happiness of one hundred thirty million people. This article favors the President's proposal that would remedy this problem: the President recommends to the Congress, legislation for the appointment of an additional judge or justice when a judge or justice who has reached the age of seventy does not retire.



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