State Constitutional Law in 1940–19411

Charles Aikin

American Political Science Review, 1941, vol. 35, issue 4, 683-700

Abstract: The increase in judicial restraint noted a year ago has again been in evidence during the period under review. State courts, in following the lead of the United States Supreme Court, have construed police power liberally and have spoken out in defense of civil rights. Noteworthy, as well, has been the practice of these courts to construe strictly the power of the governor in this period of expanding administrative authority. The tendency of state courts to uphold experimental legislation, in line with the doctrine established by Nebbia v. New York rather than founded on liberty of contract and separation of powers precepts, has not been uniform. Federal decisions which recently have been greatly weakened but not expressly overruled still serve as guide-posts for some appellate courts.

Date: 1941
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