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Supreme Court — Part 11
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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
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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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