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Surgeons (COLLEGE OF side and four)
COLLEGE OF side and four on the other, the ninth justice alone can arbitrarily rule the decision of the court. He declared also that the present law has allowed the Supreme Court to overthrow many times laws to restrict child labor and other necessary legislation. The opponents of the plan pointed out that only fifty times in the history of the nation has the Supreme Court declared Acts of Congress unconstitutional and that in only nine of these cases was a decision made by a five to four vote. They urged that to establish a 7-2 rule would produce a condition worse than the present in that three objectors on the bench could do as much to uphold a bad and unconstitutional law as five justices can now do to overthrow a good one. Senator La Follette urged an even more radical plan.
By this no subordinate judge would be would uld be allowed to set aside an Act of Congress, and the Supreme Court could set aside such a law only once. A measure of this kind would require a constitutional amendment.