ABSTRACT
Frankfurter thought the Supreme Court a non-democratic organ of government and its power oligarchic. The lawmaking authority is the proper organ for making public policy, he thought, and this is so because it is "the body chosen for these purposes by the people". The legislator must move ahead of his constituents, but he must enact public policies which accord with the expectations and preferences of the population. Legislation and law enforcement are separate processes. The statute is enacted today to become effective law tomorrow. In our governmental system, the legislative authority reaches to all public affairs. The main business of the judicial branch of government is to settle disputes between litigants, including the dispute between the governmental official who claims to act under authority of law and one of the governed who contends that law does not authorize what the official proposes to do.
