Books

THE SUPREME COURT AND JUDICIAL REVIEW,

April 1942 James P. Richardson '99
Books
THE SUPREME COURT AND JUDICIAL REVIEW,
April 1942 James P. Richardson '99

by Robert K. Carr '29, Farrar andRinehart, Inc., 1942, $2.00.

THE THESIS OF this book is that the Supreme Court is to be considered as an instrument of government, sharing with President and Congress the power to govern, rather than as a judicial body applying strictly legal rules to constitutional questions.

I repeat what I said six years ago in review- ing my friend's earlier book "Democracy and the Supreme Court"; all lawyers who think they are ready airily to dismiss criticisms of the Supreme Court should read this book and see whether they are prepared to stand up against Mr, Carr in a debate.

Nevertheless, while the author says he is out (o explain the Supreme Court and not to condemn it, it seems clear that he really enjoys himself more when he is criticizing than when he is commending; though at the end he does come, as he says "hesitantly," to the conclusion that probably, on the whole, judicial review had better not be abolished, or, perhaps, even tinkered with.(But there is no criticism of Mr. Roosevelt's "court reform" plan.) readers, this book will be a tonic. The dose may be a thought bitter, but it will be useful. But I fear that some others—for instance, shrewd fascist sophists—might find it twistable to their own purposes. Take this quotation (p. 278) "Our national Constitution, for all its admitted greatness, remains a vague, ambiguous document The principles of this Constitution which have taken shape over a period of a century and a half are little more than informal rules of the game."

"The one great issue that overshadows all others in the distracted world today is the issue between constitutionalism and arbitrary government," (Professor Mcllwain of Harvard).

I wish that Professor Carr would make the title of his next book "The Spirit of American Institutions."

Professor Philip Wheelwright is the author of Crisis Thinking, appearing in the winter issue of the Journal of Liberal Religion. His important book The Language of Poetry will be reviewed next month.

The Workmanship Has To Be Wasted, a story by Alexander Laing '25 appears in the March number of Harpers.

That Precious Corpus Madrian, by Professor George L. Frost '21 appears in the March issue of Modem Language Notes.

O O - Professor C. N. Allen '24 is the author of an article entitled Hand Lettering. . .. tells a storyfor advertisers, which appears in the February 27th issue of Printers' Ink.

The Eggleston Contributions to Botany atDartmouth College, by Professor Charles J. Lyon, has been reprinted from the January issue of Chronica Botanica.