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Full-Text Articles in Law

Two Preambles: A Distinction Between Form And Substance, Clarence Emmett Manion Jan 1937

Two Preambles: A Distinction Between Form And Substance, Clarence Emmett Manion

Journal Articles

The drill of research generally goes down just far enough to reach the oil of a controlling precedent and not an inch beyond. It is difficult to convince the average American lawyer that the perspective of his profession has changed since his school days, that it is still changing, and that the shift will soon take the direction of a revolution unless we immediately and deliberately re-anchor ourselves to the good earth of fixed first principles. With natural rights and judicial review subtracted from our American system, foreign news accounts of "Mercy Deaths," "Blood Purges," "Forced Labor," "Property Confiscation," "Aryan …


Reviewing Judicial Review, Clarence Emmett Manion Jan 1937

Reviewing Judicial Review, Clarence Emmett Manion

Journal Articles

Address of Clarence E. Manion, Professor of Law at Notre Dame University School of Law, delivered at the mid-winter meeting of the Indiana State Bar Association January 16, 1937.


Reorganization Of The Federal Judiciary, Thomas Frank Konop Jan 1937

Reorganization Of The Federal Judiciary, Thomas Frank Konop

Journal Articles

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 …