14

1

years, the courts, not only the Federal courts, but State

2

courts have shown a disinclination to overturn the acts of

3

legislatures. There was a day, of course, when the courts,

4

State and Federal, had no hesitancy about overturning a

5

solemn act of a State legislature or the Congress; and I

6

assume that Nebraska's experience was the same back in those

7

days. I believe the unicameral legislature came in in

8

about 1937.

9

DR. MICHENER: Yes.

10

MR. SCANLAN: And that was just about the time

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the tide turned and the philosophy of judicial self-

12

restraint took over. Therefore, the statistics about

13

whether a higher percentage of statutes were declared

14

unconstitutional prior to 1937 than were after have no

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particular meaning for me. It doesn't prove the point

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for which it is asserted, I do not believe.

17

DR. MICHENER: I agree with you on that point,

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but again you are illustrating. the thing I mentioned

19

before, that the assertions are made and there are value

20

judgments involved. There is no factual --

21

MR. SCANLAN: In other words, all these points