CONGRESS AND THE APPELLATE JURISDICTION OF THE SUPREME COURT

Authors

Ralph R. Martig, University of Michigan Law School

Abstract

A democratic government such as ours, based upon the theory of popular sovereignty, presents many curious political phenomena. For example: in order to insure a proper balance of the powers, it has been necessary for the Supreme Court to assume the onerous task of passing upon the constitutionality of congressional legislation. It is unfortunate, but necessary, that the Court be obliged to exercise this power of judicial review at a time when the entire country is suffering from the effects of a severe and sustained economic depression. It is unfortunate, too, that the legislation under judicial examination should involve questions of great economic, social, and political consequence. How much simpler it would be for the personnel of the Court if they could shirk this duty, and by their evasion avoid the censure and criticism which seems of necessity to follow any decision involving momentous issues. That the Court has had the courage to see its duty and to discharge it, is a factor which has contributed in no small measure to the success of our experiment in "government by the people" and it was an "experiment" at the time our Federal Constitution was drafted.

Recommended Citation

Ralph R. Martig, CONGRESS AND THE APPELLATE JURISDICTION OF THE SUPREME COURT, 34 Mich. L. Rev. 650 (1936).
Available at: https://repository.law.umich.edu/mlr/vol34/iss5/4