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Supreme Court — Part 11

114 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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~3- \ i could be drawn, which would have the effect of curbing the power of the Supreme Court to amend the Constitution or change its meaning by judicial fiat. Certainly it is true, as I pointed out in my speech on the floor of the Senate, that the Supreme Court has the practical power to change the Constitution nunc pro tunc, while the Congress can never, by statutory enactment, completely overcome the effect of such a change by the judges. Laws made by the legislature can be effective only from and after the date of their enactment; but Laws made by the judges can and do have retroactive effect. If there is a cure for this, it will lie in some form of con- Stitutional amendment; and I hope the committee will give thought to this problem, But, Mr. Chairman, for the more immediate protection of the constitutional rights of the States and the constitutional rights of the Congress and the constitutional rights of the Executive branch of the ’ ta * Government, all of which have been improperly invaded by the Supreme Court, we do not need a constitutional amendment, These are rights which are a = Se ee ee ek ee ee . a2 aerate LW UF ee 3 | PpaVUeeLteu Py THe WSULLEULLON €S it Stands; nd, as I pointed out in my speech on the Senate floor, with regard to this subject matter, the Congress
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