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The American Constitution, its origin and contents. Wherein its novelty and greatness lay. Importance of maintaining the equilibrium established between national and state power. View of John Fiske.
Place of the Court in the constitutional scheme. Its most important function. Personnel of the Court. Its power moral rather than physical. Its chief weapon the power to declare legislative acts unconstitutional. Limitations on this power--political questions; necessity of an actual controversy; abuses of legislative power. Erroneous popular impressions. Impairment of the constitutional conscience.
Change in popular attitude toward the Constitution. Causes of the change . Methods by which change has been put into effect . Attitude of the Supreme Court. Differences of opinion in the Court.
History and radical character of amendment. Efforts to defeat it in the courts. Unusual course taken by Supreme Court. Discussion of its true place in the development of American constitutional law. Less a point of departure than a spectacular manifestation of a change already under way. Effect of the change on the principle of local self-government.
Attitude of the Constitution toward question of suffrage qualifications. Effect of Civil War amendments. Growth of woman suffrage movement and adoption of Suffrage Amendment. How far the amendment constitutes a federal encroachment on state power. Effect of woman suffrage on questions of governmental theory.
The child labor question. Philanthropic and commercial aspects. Attempt of Congress to legislate under power to regulate commerce. Decision of Supreme Court holding law unconstitutional. The decision explained. Re?nactment of law by Congress under cover of power to lay taxes. Arguments for and against constitutionality of new enactment.
The Supreme Court at first a bulwark of national power; to-day the defender of the states. Explanation of this apparent change. Attitude of the Court in the first period. The period of Chief Justice Marshall. The period of Chief Justice Taney. The Reconstruction Period. Attitude of the Court to-day. Reasons why the Court is unable to prevent federal encroachment. Attitude of Hamilton and Marshall toward state rights misunderstood.
America's embarrassing position if the late war had come before adoption of Income Tax Amendment. Limitations of federal taxing power under the Constitution. Meaning of "uniformity." Apportionment of "direct taxes." The Supreme Court decision in the Income Tax cases in 1894 a reversal of long settled ideas. The Income Tax Amendment an example of recall of judicial decisions. Implied limitations on federal taxing power .
No express prohibition of such taxation; it lies in an implied limitation inherent in our dual system of government. Discussion of doctrine and its development by the Supreme Court. Effect of the Income Tax Amendment. Present dissatisfaction with doctrine and efforts to abolish it.
Nature of the tax. An interference with state power to grant corporate franchises. Nature of our dual government and Supreme Court decisions on the subject discussed. The debate in Congress.
Importance of the decision likely to be overlooked. Criticism of the Court's arguments. Effects of the decision.
Origin and history of Sherman Act. Its meaning now clear. Earlier uncertainties owing chiefly to two questions--What is interstate trade and Does the act enlarge the common-law rule as to what restraints were unlawful? How these questions have been settled. Statement of the common-law rule. Incompatibility between the law and present economic conditions. Suggestions for legal reform. The holding company device, its abuses and the possibility of abolishing it. Advantages of the scheme of federal incorporation.
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