Thurman Arnold

The New Deal is Constitutional
November 15, 1933

There appears to be a very generally entertained notion among both liberals and conservatives, that if the Supreme Court of the United States upholds the recent recovery legislation it will be compelled to invent a complete new set of legal terminology, to tear up familiar constitutional landmarks and to graft new doctrine on an ancient document. It is popularly supposed to require a sort of dialectic earthquake, which will leave huge fissures in constitutional logic. It threatens even to create an unconstitutional habit of thought about constitutional issues.