Courts Commons^™

The Advent Of The Administrative Process And Its Future, Thomas Frank Konop

Journal Articles

Every government exercises three governmental powers E that are necessary for its existence. They are Taxation, Police Power, and the Power of Eminent Domain. Every government, however crude, or whatever we may call it, must have the power first to make the law, which is called the legislative power; second, it must have the power to declare what the law is, which is the judicial power; and third, it must have the power to enforce the law and this is called the executive power.

In the very early governments such as the government of the clan or tribe, these three …

Appeal To The Conscience Of The Practicing Bar, Joseph O'Meara

Journal Articles

The impact of the war will inevitably produce vast and profound, if not revolutionary changes in our economic and political arrangements, putting in jeopardy our democratic way of life. The ominous shadow of these changes that press upon us, due to the ascendancy of Force in so large a part of the world, gives rise to the question: What can we do about it? More particularly: What can the lawyer, as a lawyer, do about it? That leads to the deeper question of the role of Law in the successful functioning of the democratic process. In every state and city, …

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 …

Supreme Court Opinion Contradicting The Scintilla Rule, Joseph O'Meara

Journal Articles

The opinion of the supreme court in Cleveland Railway Co. v. Kukucz' cannot logically co-exist with the scintilla rule and, therefore, imperatively requires a re-examination of that trouble- some doctrine and a deliberate choice between it and the case referred to. The scintilla rule should be abandoned.

The Scintilla Rule, Joseph O'Meara

Journal Articles

The language quoted from Jacob Laub Baking Company v. Middleton, in which all concurred, will undoubtedly tend to increase the number of directed verdicts and appears to be, in effect, a repudiation of the scintilla rule. The problem, therefore, is to devise a formula which, while meeting the objections to the scintilla rule, will put the judge on notice that a greater degree of assurance is required to direct a verdict than to set one aside. Holding that the conclusion is against.the plaintiff beyond a reasonable doubt is not inconsistent with recognizing that there is "some evidence, however slight". The …

Congress And The Supreme Court (Continued), Thomas Frank Konop

Journal Articles

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.

Congress And The Supreme Court, Thomas Frank Konop

Journal Articles

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.