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Felix Frankfurter '06, Byrne Professor of Administrative Law, criticized the Supreme Court for its resistance to trade unionism prior to the Roosevelt administration, in the second of his series of lectures on "The Court and Mr. Justice Holmes" in New Lecture Hall Monday night.
During the whole of Holmes' thirty years on the Supreme Bench, every variety of legislative endeavor to subject economic power to social responsibility encountered the courts' judicial veto, and in every significant instance over his emphatic protest.
A Different Development
Professor Frankfurter declared that had the views of Justice Holmes prevailed, the Constitution would not have been used as an obstruction to the healthy development of trade unionism. He added that if the majority had agreed with the dissenting opinions of Holmes, social peace and economic security would have been fostered.
Professor Frankfurter praised Holmes for transcending personal predilictions and private notions of social policy, and becoming truly the impersonal voice of the Constitutions.
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