State Constitutional Law in 1938–39

The years 1936–38 were remarkable for the vigorous manner in which the courts attempted to preserve “the American system” from the return of the guild. The right to engage in a normal trade or calling without passing too rigorous an examination as to one's capabilities and training, to charge such prices for services as one sees fit regardless of the wishes of a dominant majority of those engaged in a particular trade or calling, and to close when one wishes rather than when a “code authority” commands, were given judicial protection. The past year has witnessed a partial change of heart. Apparently, opponents of the new economy of control are about to be told to “go to the polls, not to the courts.” Even more remarkable has been the increasing tendency on the part of the legal profession, under an expanding doctrine of “inherent” powers, to take back from the legislature and from the people the right to control that profession. This tendency continued unabated during the past year. In most fields, the cases were merely typical of the normal run of decisions on state constitutional questions.