Abstract

What to Do with the Supreme Court? Fallacies about the Court
Cohen, Morris R. | July 10, 1935 issue

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There are several reasons that prevents the U.S. Congress from passing a bill enlarging the Supreme Court with ten additional judges who, on a rehearing, are sure to vote for the constitutionality of the original act. But, the main reason behind this is that according to the traditional assumption, judges have nothing to do with making the law, their decisions following with logical necessity from "the solemn will of the people expressed in the Constitution," and if the results are bad, people should go through the laborious ordeal of changing the constitution rather than the composition of the court. This view has so often been repeated that it is generally accepted as axiomatic.

See Also:

JUSTICE, Administration of; ACTIONS & defenses; DECISION making; UNITED States. Supreme Court; UNITED States. Constitution; UNITED States
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