Page:Harvard Law Review Volume 8.djvu/367

351 SUPREME COURT ON JUDICIAL LEGISLATION. 35 1 trary. Not the least curious feature of this inconsistency is that it should be illustrated in cases in which the court enlarged its own jurisdiction by decisions having all the legislative quality and more than the potency of an Act of Congress. This usurpation of a jurisdiction not given by the Constitution has been the subject of much comment. The conflict of opinion indicated upon the question of judicial legislation seems not less worthy the attention of those interested in the philosophy of our law and the study of its primary elements. William H. Rand, Jr. 47