TABLE OF CONTENTS PAGE THE POWER OF A COURT TO DECLARE A LAW UNCONSTITUTIONAL A SURVEY OF THE HISTORICAL BACK- In our political and partisan discussions of the present day we appear to be much concerned with the power and the tendencies of the courts. Of particular interest to students of politics and to practical politicians alike is the power of the courts to declare a law unconstitutional. The reason for this interest and for the political problem involved is not far to seek and is so well known that it is not necessary here to give the subject more than a passing word. We have in recent years passed into a new stage of industrial and social being; we have changed our business methods and our habits of mind; we have outgrown in business activity and in social sentiment the conditions of individualism that were dominant in the early days of the Republic and for decades thereafter; we are face to face with the fact that society has duties A portion of this paper was delivered as a presidential address before the Mississippi Valley Historical Association, May 23, 1912. 3 |