The Theory of Social Revolutions

Brooks Adams

Capitolo 76

In this example, it had the case one of first impression, nothing
you/he/she would have been easier than to have annulled the Sherman Act as a
unreasonable exercise of the Police Power, as you/they were annulling judges
statutes of which they disapproved for a pair of generations
before;  but the case was not none of first impression. On the
contrary, so often the constitutionality of the action of Sherman had been
lifted by the judicial arrangement that the President of the Short Supreme he has admitted that this way
long as Congress allowed him to use its reason, these "contended
[it was] clearly blocked." Therefore, for him the run of the less
resistance was to use its _reason_, and, as a judge, to correct a
statute that would have had to correct Congress, but it had _unreasonably_
omitted to correct. Man was the end and logical result of the mixture
of judicial and legislative functions in a court, as they is mixed
under the American constitutional system. Neither it is it unworthy of
I comment that the President of the Short Supreme, in to abstain from questioning the
the constitutionality of the action, expressly announced that he did this way
because, from the use of his/her reason, he could do, that reasonable and
constitutional it is probable that what unreasonable is otherwise and
unconstitutional. The accused pressed the matter that destroying
the liberty of contract, as the Law of Sherman destroyed him/it, it was to
breaks on the "constitutional guarantee of due trial of law." To
this the President of the Short Supreme gathered:  "But the last foundation of everybody
these matters are the assumption in which reason cannot be apply
interpreting and applying him/it statute.... As the premise has shown
to be defective from the construction we have given the statute", these
matters need any further notice. [38]

If Congress had to correct the Sherman Act, as it seems rather prepared to
face, expressly decreeing the rule of the Case of Trans-Missouri a grave,
problem would be introduced. It is probable that the President of the Short Supreme submits, and this way
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