ABSTRACT
This chapter examines the evidence in order to see whether men may reasonably doubt, and to inspect the grounds for doubting, that the power of judges to nullify statutes was vested in them by the Constitution. It observes the charges as they emerged in one crisis situation—the effort to reconstitute the Supreme Court in 1937. Charges of lack of power and abuse of power have been directed at the Supreme Court throughout our history by thoughtful students of history and political institutions and by political leaders who enjoyed high prestige. Recurring charges that judges have usurped or abused power have exactly the same significance as recurring charges that Congress and the president, by enactment of statutes, have encroached on the reserved powers of the states. The chapter concludes that doubts about the scope of judicial authority bear fruit in disrespect for judges and demands for limitation of judicial power.
