ce of the Court in the constitutional scheme. Its most important
function. Personnel of the Court. Its power moral rather than physical.
Its chief weapon the power to declare legislative acts unconstitutional.
Limitations on this power--political questions; necessity of an actual
controversy; abuses of legislative power. Erroneous popular impressions.
Impairment of the constitutional conscience.

III. OUR CHANGING CONSTITUTION 18

Change in popular attitude toward the Constitution. Causes of the change
(growth of national consciousness, wars, foreign relations, influence of
later immigrants and their descendants, desire to obtain federal
appropriations, economic development, railroads, free trade among the
states). Methods by which change has been put into effect
(constitutional amendment, treaties, federal legislation under cover of
power to regulate commerce and lay taxes). Attitude of the Supreme
Court. Differences of opinion in the Court.

IV. THE EIGHTEENTH OR PROHIBITION AMENDMENT 35

History and radical character of amendment. Efforts to defeat it in the
courts. Unusual course taken by Supreme Court. Discussion of its true
place in the development of American constitutional law. Less a point of
departure than a spectacular manifestation of a change already under
way. Effect of the change on the principle of local self-government.

V. THE NINETEENTH OR WOMAN SUFFRAGE AMENDMENT 49

Attitude of the Constitution toward question of suffrage qualifications.
Effect of Civil War amendments. Growth of woman suffrage movement and
adoption of Suffrage Amendment. How far the amendment constitutes a
federal encroachment on state power. Effect of woman suffrage on
questions of governmental theory.

VI. CONGRESS VERSUS THE SUPREME COURT--THE CHILD LABOR LAWS 59

The child labor question. Philanthropic and commercial aspects. Attempt
of Congress to legislate under power to regulate commerce. Decision of
Supreme Court holding law unconstitutional. The decision explained.
Reenactment of law by Congress under cover of power to lay taxes.
Arguments for and against constitutionality of new enactment.

VII. STATE RIGHTS AND THE SUPREME COURT 69

The Supreme Court at first a bulwark of national power; to-day the
defender of the states. Explanation of this apparent change. Attitude of
the Court in the first period. The period of Chief Justice Marshall. The
period of Chief Justice Taney. The Reconstruction Period. Attitude of