...to believe that it is the business of courts to sit in judgment on the wisdom of legislative action. Courts are not the only agency of government that must be assumed to have capacity to govern. Congress and the courts both unhappily may falter or be mistaken in the performance of their constitutional...

...fitting commentary on these suggestions is that made by Mr. Justice Stone, in another connection, that "courts are not the only agency of Government that must be assumed to have capacity to govern." I may say, parenthetically, that in a recent term of the Supreme Court there were 13 cases that went...

...to believe that it is the business of courts to sit in judgment on the wisdom of legislative action. Courts are not the only agency of government that must be assumed to have capacity to govern. Congress and the courts both unhappily may falter or be mistaken in the performance of their constitutional...

...although in dissent — in United States v. Butler, and joined by Justices Brandeis and Cardozo, said : Courts are not the only agency of Government that must be assumed to have the capacity to govern. Congress and the courts both unhappily may falter or be mistaken in the discharge...

...power by the executive and legislative branches of the government is subject to judicial rest mint, the only check upon our own exercise of power is our...This Court had occasion to consider and apply some of these doctrines in another aspect in Trimble v. Johnston, 173 F. Supp. 651. These fundamental propositions...

...particularly Federal judges should always bear in mind the admonition of the then Mr. Justice Stone that "Courts are not the only agency of government that must be assumed to have capacity to govern." Dissenting opinion in United States v. Butler, 297 US 1, 87. Growing public concern over the deteriorating...

...to believe that it is the business of courts to sit in judgment on the wisdom of legislative action. Courts are not the only agency of government that must be assumed to have capacity to govern. Congress and the courts both unhappily may falter or be mistaken in the performance of their constitutional...

...to believe that it is the business of courts to sit in judgment on the wisdom of legislative action. Courts are not the only agency of government that must be assumed to have capacity to govern. Congress and the courts both unhappily may falter or be mistaken in the performance of their constitutional...

...what the law is. That contention was answered by Justice Stone, dissenting in United States v. Butler: "Courts are not the only agency of government that must be assumed to have capacity to govern." 297 US 1, 87 (1936). Nota bene: This is not an argument for judicial self-restraint, a la Frankfurter,...

...making that decision, I would respectfully remind the Subcommittee of what Justice Stone said in 1936: "Courts are not the only agency of government that must be assumed to have capacity to govern. United States v. Butler, 297 US 1 (1936) (dissenting opinion, joined by Cardozo and Brandeis, JJ.)....