ABSTRACT

This chapter reviews some decisions that damaged both the Court and the nation. This chapter identifies the Judicial errors in addition to those selected by Hughes. Hughes acknowledged that 'in three noticeable instances the Court has suffered from self-inflicted wounds'. This chapter covers Dred Scott along with the Legal Tender Cases and the Income Tax Cases. It turns to Lochner, Buck v. Bell, the child-labor cases from 1918 to 1941, the 'sole-organ doctrine' of United States. The Court acts under the shadow of class warfare and threats of socialism. Judicial and congressional actions demonstrates why the Supreme Court need not have the final word on constitutional issues. Legislative language on the Wheeling Bridge was placed in an appropriations bill was enacted, three months after the Court's amended decision. Litigation on the proclamation focused on legislative power because during the previous year the Court twice struck down a delegation by Congress of domestic power to the president.