Reviews of Books THE CONSTITUTION AND SOCIAL QUESTIONS Social Reform and the Constitution. The Ken nedy Lectures for 1911, in the School of Philan thropy conducted by the Charity Organization of the City of New York and affiliated with Columbia University. By Frank J. Goodnow, LL.D., Eaton Professor of Administrative Law at Columbia University. American Social Progress Series. Macmillan Company, New York. Pp. 359 + 6 (index). ($1.50 net.)
THE topic of this book is so often treated discursively by partisans alike of the conservative and progressive theories of governmental functions, and in its legal aspects has so commonly been dealt with fragmentarily by writers merely surveying some particular por tion of the field, that it is a pleasure to peruse a book which affords a treatment that is unified, logical, and thorough, that is free from partisan bias, and that maintains the character of an ably pre pared legal essay. The writer under takes to answer the most pressing ques tion of the day, and by a procedure which is analytical rather than argumentive, he gradually formulates its answer. From the path thus chosen there is no deviation, and we approach the goal of the concluding chapter with a feeling akin to one of dramatic suspense. It is unusual to find the matter of a book so well grouped in accordance with a definite scheme of procedure. Professor Goodnow's treatment, moreover, is so well rounded and thorough that it is sure to provide a useful basis for study of the bearings of every latest decision involving interpretation of the federal and state constitutions. A satisfactory presentation of the existing situation has long been needed, and the helpful ness of Professor Goodnow's book can hardly be overrated.
The question of which this book seeks to furnish the solution is briefly that whether under the prevailing rules of constitutional interpretation our con stitutional system can fully meet every strain which may be placed upon it in future by popular insistence on a liberal social program. The writer does not pose as the advocate of the new social program, but he does urge the need of a sufficiently flexible system to yield to new pressures and guard against the danger of a violent upheaval. He is of course fully justified in his fears that too literal an application of the prin ciple of stare decisis to the interpreta tion of a Constitution that had its birth in eighteenth century doctrines of natural rights, social compact, laisser faire, and separation of powers, if persisted in, must lead sooner or later to disastrous results. He is also right when he re peats Governor Baldwin's remark that there is probably no other country in the world that would submit to the power exercised by the American judi ciary in overriding legislation. There is thus a very serious question whether our system of government is framed in a manner which is going to enable the country to meet successfully such con ditions as those to which the govern ments of Europe have had to respond. In taking up this question, the author distinguishes between measures of politi cal and of social reform, and adopts a lucid and convenient classification of the social reform proposals under three heads, government ownership, govern ment regulation, and government aid. This simple classification is broad enough for every purpose, for under the first head are comprised such measures as
