ABSTRACT
One of the speculations that the author find intriguing is upon the question whether there are any neutral principles that might have been employed to mark the limits of the commerce power of the Congress in terms more circumscribed than the virtual abandonment of limits in the principle that has prevailed. Professor Wechsler, disagreeing with Judge Learned Hand as to the justification for judicial review of legislative action, argues that courts have the power, and duty, to decide all constitutional cases in which the jurisdictional and procedural requirements are met. The author concludes that in these cases decisions must rest on reasoning and analysis which transcend the immediate result. It discusses instances in which he believes the Supreme Court has not been faithful to this principle. A Supreme Court majority concluded that this judgment involved nothing but interpretation of a contract, making irrelevant the standards that would govern the validity of a state statute that required the discharge.
