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17 Tul. L. Rev. 511 (1942-1943)
Mr. Justice Rutledge--A New Factor

handle is hein.journals/tulr17 and id is 545 raw text is: TULANE LAW REVIEW Vol. XVII APRIL, 1943 No. 4 MR. JUSTICE RUTLEDGE - A NEW FACTOR RAY FORRESTERt This is a government of men and not of Laws. It is with some regret that I have learned in the study of law that the Greek philosopher's description of the ancient Greek state-This is a government of laws and not of men~ -is not applicable to the American state, nor to the Greek state, for that matter. And the discovery came after a num- ber of years of practicing law and several years of teaching it. The discovery came in teaching constitutional law to a class which continued to ask, why? I found that the law gave no answer to the question; the constitution did not answer it; the judges in their opinions did not answer it; and I could not answer it-not honestly. I could rationalize an answer; I could distinguish the case, argue the precedent, twist the words but when it came to telling when night ended and day began, I failed. For example, in the Hampton case1 a Republican Supreme Court told a Republican President that it was not an improper delegation of the legislative power for a Republican Congress to give him the discretion to fix customs duties on imports. IA. B., 1933, University of Arkansas; J. D., 1935, University of Chi- cago. Member of Illinois Bar. Associate of Defrees, Buckingham, Fiske & O'Brien, Chicago, 1935-1941. Assistant Professor of Law, Tulane University. 'Hampton & Co. v. United States, 276 U. S. 394, 48 Sup. Ct. 348, 72 L. Ed. 624 (1928).

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