State Constitutional Law in 1945–46

Jacobus Tenbroek and Howard Jay Graham

American Political Science Review, 1946, vol. 40, issue 4, 703-728

Abstract: The end of the momentous year symbolized by the physical scientists' entrance into national politics and political scientists' introduction to nuclear physics finds state appellate courts focusing on problems of business and reconversion; professionally critical, if not apprehensive, of the course taken by their superior in Washington; dubious of the behavior of organized labor, yet divided upon both the desirability of judicial discipline and the proper means of administering it; maintaining their separate, often irreconcilable, views on regulation of business and agriculture; above all, enjoying, like their superiors and predecessors, the historic, self-imposed duty of fitting constitutional garments to institutional girth.How to constrict the swollen national waistline without risking grave internal pressures taxes ingenuity to the utmost. On the whole, a prudent realism still is evident in dealing with problems of price control. The restlessness and doubts noted last year, however, have persisted and find freer expression. Paradoxically, state enforcement of federal penalties is generally sustained, despite ancient but dissolving dogmas to the contrary; whereas coöperative state or municipal action designed to reinforce and supplement the Emergency Price Control Act has suffered serious reverses.

Date: 1946
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