THE FEDERAL SPENDING POWER AND STATE RIGHTS

Authors

John W. Holmes, Of the Pasadena, California, bar

Abstract

The cry for constitutional change, that dwindled to a small voice with the repeal of Prohibition, has risen to a new pitch following decapitation of the AAA by the United States Supreme Court in United States v. Butler. Burgeoning in Congress is a portentous, if unorganized, attack upon the Supreme Court's power of judicial review.

It seems timely, therefore, to inquire how far the current conception of the Supreme Court as an obstacle to the exercise of legislative power by the central government is justified, and to canvass the extent of the need, if any, for curtailment of the functions of that tribunal.

Recommended Citation

John W. Holmes, THE FEDERAL SPENDING POWER AND STATE RIGHTS, 34 Mich. L. Rev. 637 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss5/3