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the rightful power and political responsibility of the people’s elected representatives.
Holding firmly to the tenets of economic individualism and market freedom, the conservative Court came under all-out liberal attack in the 1930s. In the face of growing demand for more politically responsive and responsible constitutional adjudication, the Court denied that it was pursuing a political agenda. All it was doing, it said in the famous AAA case, was placing statute beside Constitution to see if the act of Congress in question conformed to the requirements of organic law.
The authority of the Supreme Court had always depended on its ability to explain its decisions through legal reasoning that brought principle and precedent to bear on the practical issue at hand. Unable to persuade in
this way as it threw down the gauntlet to the New Deal in a series of cases striking down key legislation, the conservative Court fell back on empty assertions of the traditional judicial function that scarcely concealed its reliance on political jurisprudence.
_ Dr- Herman Belz is Professor of History at the University of Maryland, College Park.
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