...ordained and established by the people All legislation must conform to the principles it lays down. When an act of Congress is appropriately challenged...constitutional mandate, the judicial branch of the Government bus only one duty — to lay the article of the Constitution which is involved beside the statute which...

...ordained and established by the people. All legislation must conform to the principles it lays down. When an act of Congress is appropriately challenged in the courts as uot conforming to the constitutional mandate, the Judicial branch of the Government has only one duty...

...theorists of constitu947 288 The Yale Law Journal Vol. 82: 920, 1973 I am aware the Court cannot simply "lay the Article of the Constitution which is invoked beside the statute which is challenged and . . . decide whether the latter squares with the former."142 That is precisely the reason commentators...

...that judges only do what Mr. Justice Owen Roberts of the United States Supreme Court said they do: When an act of Congress is appropriately challenged...the judicial branch of the Government has only one duty—to lay the article of the Constitution which is invoked beside the statute which is challenged...

...theorists of constitu947 494 The Yale Law Journal Vol. 82: 920, 1973 I am aware the Court cannot simply "lay the Article of the Constitution which is invoked beside the statute which is challenged and . . . decide whether the latter squares with the former."142 That is precisely the reason commentators...

...theorists of constitu947 494 The Yale Law Journal Vol. 82: 920, 1973 I am aware the Court cannot simply "lay the Article of the Constitution which is invoked beside the statute which is challenged and . . . decide whether the latter squares with the former."142 That is precisely the reason commentators...

...established by the people. All legislation must conform to the principle it (the Constitution) lays down. When an Act of Congress is appropriately challenged...to the constitutional mandate, the judicial branch has only one duty — to lay the article of the Constitution which is involved beside the statute which...

...Justice Roberts, unwittingly caricaturing its canons of judicial decision-making in the Butler opinion. "When an act of Congress is appropriately challenged...as not conforming to the constitutional mandate," Roberts wrote in Butler, "the judicial branch of the Government has only one duty — to lay the article...

...his entire opinion, and in the eager pursuit of which he rushed heedless of logic and consistency: "When an act of Congress is appropriately challenged...to the constitutional mandate the judicial branch has only one duty,—to lay the article of the Constitution which is invoked beside the statute which...

...mechanical approach to constitutional interpretation once expressed by the Supreme Court as follows: "Lay the article of the Constitution which is invoked beside the statute which is challenged and decide whether the latter squares with the former."4 The problem is that Article I, Section 8, conferring...