Of course, such judicial misconstruction theoretically can be cured by constitutional amendment. But the period of gestation of a constitutional amendment, or of any law reform, is reckoned in decades usually; in years, at least. And, after all, as the Court itself asserted in overruling the minimum-wage cases, it may not be the Constitution that was at fault.

While the Declaration was directed against an excess of authority, the Constitution was directed against anarchy.

For over a century it has been the settled doctrine of the Supreme Court that the principle of stare decisis has only limited application in constitutional cas…

For a century every contest with the Supreme Court has ended in evading the basic inconsistency between popular government and judicial supremacy.