legislative power rather than lack of power. If Congress passes an act
within one of the powers expressly conferred upon it by the
Constitution, for example the power to lay taxes or the power to
regulate interstate commerce, the Supreme Court cannot interfere though
the incidental effect and ulterior purpose of the legislation may be to
intrude upon the field of state power. We shall have occasion to refer
to this limitation more than once in later chapters.

An impression is abroad that the Supreme Court has plenary power to
preserve the Constitution. Hence the tendency of groups to demand, and
of legislators to enact, any kind of a law without regard to its
constitutional aspect, leaving that to be taken care of by the Court.

Any such impression is erroneous and unfortunate. It puts upon the Court
a burden beyond its real powers. It undermines the sense of
responsibility which should exist among the elected representatives of
the people. It impairs what someone has called the constitutional
conscience, and weakens the vigilance of the people in preserving their
liberties. Men and women need to be reminded that the duty of upholding
the Constitution does not devolve upon the Supreme Court alone. It rests
upon all departments of government and, in the last analysis, upon the
people themselves.




III

OUR CHANGING CONSTITUTION