of man than that any of its provisions can be suspended during any of the great exigencies of government. Such a doctrine leads directly to anarchy or despotism."
It is also said, in the recent "war-time prohibition" case of Hamilton vs. Kentucky Distilleries Co.:[1] "The war power of the United States like its other powers and like the police power of the State is subject to applicable constitutional limitations."
But the learned Justice[2] holds that, beyond doubt, two "applicable constitutional limitations" having been determined by the Supreme Court itself, a violation of them is "justified" by a power, which, the Supreme Court has distinctly and repeatedly said, was subject to such limitations.[3] That cannot be!
Now let us examine just what this would mean, if the hereinbefore stated be correct.
By this mysterious power, three words "unjust," "unreasonable" and "excessive" would repeal by mere implication all rules of interpretation, the whole policy of the Common Law, and the work of the Supreme Court for years upon this subject; it would justify admitted invasions of the Constitution; it would nullify the economic truth that the only cures for scarcity are decreased consumption and increased production, and the only thing that assures both, is free competition, in an open market. It has established the doctrine that the way to obtain large home supplies is to prevent the
- ↑ Hamilton vs. Kentucky Distilleries & Warehouse Co., 251 U. S. 146. December 15, 1919.
- ↑ Justice Brandeis in Hamilton vs. Distilleries Co., Id.
- ↑ The Supreme Court decided in the Hamilton case that under the expressed and implied war powers of Congress, the use and disposition of private property could be restricted without making compensation and without due process of law, as guaranteed by the Fifth Amendment to the Constitution, contrary to the long-established decisions of the same Court that the war power was subject to the limitations of the Fifth Amendment.
