Page:The Wisconsin idea (IA cu31924032449252).pdf/232

 Diagram V may illustrate the problem of modern legislation. Let us assume that this illustrates approximately the conditions when the constitution was first adopted. It will be presumed that the constitutional convention made legislative power and the constitution conform approximately to the actual industrial and social needs of society. This is a reasonable supposition. If true, what has since occurred?



Diagram VI illustrates the present relative position of the constitution, the legislative power and economic conditions. The constitutional power has been increased by the action of the courts and especially by the new force which has grown up, probably not contemplated by the original constitution, namely, the power of the courts to pass upon the constitutionality of laws. The constitution in fact, has grown from a small pamphlet into thousands of cases and hundreds of volumes of decisions. These decisions cannot but lessen the power of legislatures. It is true that the "constitution cannot be read in a law library" and the increase of the domain of the