when we reflect that the Supreme Court has, by the
character of its own decisions, effectually exploded the doctrine of
judicial infallibility, which constitutes the only basis upon which its
monopoly of constitutional interpretation can be defended.

The evident lack of sympathy with proposed reforms which has, upon the
whole, characterized the proceedings of the Federal courts is rather
strikingly illustrated in the address of Judge Taft on "Recent
Criticisms of the Federal Judiciary." He makes use of the following
language: "While socialism, as such, has not obtained much of a foothold
in this country, ... schemes which are necessarily socialistic in their
nature are accepted planks in the platform of a large political party.
The underlying principle of such schemes is that it is the duty of the
government to equalize the inequalities which the rights of free
contract and private property have brought about, and by enormous outlay
derived as far as possible from the rich to afford occupation and
sustenance to the poor. However disguised such plans of social and
governmental reform are, they find their support in the willingness of
their advocates to transfer without any compensation from one who has
acquired a large part of his acquisition to those who have been less
prudent, energetic, and fortunate. This, of course, involves
confiscation and the destruction of the principle of private
property."[97] This emphatic condemnation of proposed reforms which had
the full sympathy and approval of many thoughtful and conscientious
people furnishes the show of justification at least for the very
criticisms which it was intended to silence.

With the progress of democracy it must become more and more evident that
a system which places this far-reaching power in the hands of a body not
amenable to popular control, is a constant menace to liberty. It may not
only be made to serve the purpose of defeating reform, but may even
accomplish the overthrow of popular rights which the Constitution
expressly guarantees. In proof of this statement we need but refer to
the recent history of our Federal judiciary. The Sixth Amendment to the
Constitution guarantees the right of trial by jury in all criminal
prosecutions; but it is a matter of common knowledge that this
time-honored safeguard against the tyranny and oppression of ruling
classes has been overthrown by the Federal courts. With the ascendency
of corporate wealth and influence,