Abstract

Shall We Remake the Supreme Court? I. The Origin of Its Power

One of the most vital issues before the U.S. today is the power exercised by its judiciary, especially by the Supreme Court of the United States. One legislator favors a constitutional amendment requiring that at least seven of the mime justices of the Supreme Court shall concur in a decision in order to set aside an act of the U.S. Congress, another legislator proposes that a two-third vote in Congress shall be sufficient to repass and validate any law that the Supreme Court has upset. Recent decisions by the Supreme Court of the United States, holding that Congress has exceeded its authority in passing legislation not warranted by the Constitution, have revived the discussion as to the exercise by courts of the power of judicial review.