It should be unnecessary to amend the Federal Constitution to accommodate the facilities of government to the needs of society, as those needs develop with the social and scientific advance of civilization. But the trend of legislative effort to reach beyond constitutional limits to satisfy fleeting economic or political expediencies, without regard for the vital distinction between sound and substance, and of courts to seek justification for such excursions, under the benefit of constitutional doubt due "solemn expressions of legislative will," may lead to highly dangerous situations. As this trend is permitted to reach extremes, the erasure of the well-defined lines of demarcation segregating the departments of government, and the approach of totalitarianism, are inevitable.
Eberhard P. Deutsch,
FREEDOM OF THE PRESS AND OF THE MAILS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol36/iss5/2