Supreme Court Justice Moody has read the letter and article from William Allen White that President Roosevelt forwarded to him, and offers his thoughts on the matter. Moody writes on the power of the courts to declare laws unconstitutional. This power has to be exercised with caution as, contrary to prior doctrine, the courts are not infallible. While there are checks on the power of the legislative and executive branches, if the Supreme Court exceeds its authority there is little recourse to correct the errors. Moody discusses recent examples where the Supreme Court made explicit that its duty is not to comment on the justice or wisdom of pieces of legislation, but to enforce the law as it is written and determine how laws interact with the Constitution and other laws.
Collection
Library of Congress Manuscript Division
Creation Date
1908-12-03
Creator(s)
Moody, William H. (William Henry), 1853-1917