Capitolo 75
department of the Government has exclusive knowledge."[37]
The phenomenon that surprised her/it Mr. Justice Harlan is, I conceive, perfectly
comprehensible, if we reflect a small on the conflict of strengths
involved, and on the run of least resistance opens to an American judge
trying to find for this conflict a resultant. The regulation or the
the domination of monopoly was a going of problem to the foundation of society,
and popular and financial energy had entered violent impact in respect
to the control of prices. Popular energy found hole through Congress,
while the financiers as financiers always has and desire, taken always
protects behind the courts. Congress, in 1890 it passed a statute to
forces monopolies against which financiers protested as being a
kind of the sequestration, and what the President of the Short Supreme him the thought
sour. To this statute the Supreme court gave a sour construction, as
the President of the Short Supreme had more than once you/he/she pointed out, when still he was a
you associate on the bench. From a series of these decisions an appeal had
Congress and the Senate is done to, in the relationship from which I have
quoted, you/he/she had sustained the construction it dates to the statute from the
his/her brothers' majority with whom the President of the Short Supreme differed. Since the
however, last of these decisions that the complexion of the bench had been
changed notably from new appointments, very as you/he/she had been later
Hepburn _v_. Griswold, and an opportunity seemed to be introduced to
you reconcile every one.
In some other country that the United States, a principal justice so situated
you/he/she would undoubtedly have affirmed the old precedents, while allowing himself/herself/itself, to
more, to point out the damage that, he thought, they worked. Not so a
lawyer raised under the American constitutional system that crosses
in the judge the sentence that he is superior to the legislator. His
instinct, under suitable pressure it has to always annul anything
repugnant to him that a legislative and legitimate reunion has been able to do.