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The function of the discusser of a paper is, I take it, like that of Antony at the funeral of Caesar: to bury Corwin, not to praise him. Unfortunately Mr. Corwin has been wanting in the good intentions to pave the way for such a sepulchral performance on my part. He has himself recognized the force of the objections which I would urge to the first half of his paper, had that been all of it, and he has made clear that we cannot tell to what extent constitutional theory is a crutch grabbed to help a wayfarer hobble on to his chosen journey's end, and to what extent it is like a flood or a landslide which sweeps a passive person willy-nilly along its own appointed way. Even worse than this, Mr. Corwin confesses that his game is to indoctrinate his hearers with his own preferred brand of constitutional theory. How can one expose a confidence man who takes us all into his confidence like this? If Mr. Corwin's heart were not as hard as his head, he might have shown more sympathy for his commentator and left him a few soft spots where he might dig in with his intellectual toes.

AbstractThe President's veto of the budget bill denied the constitutionality of the method of removal of the proposed comptroller‐general. Congressional surveillance of expenditures as contemplated by the bill is here discussed by a distinguished student of constitutional law.

Several of the cases already considered under the commerce clause involved further questions under the Fourteenth Amendment. Georgia's misuse of the mileage ratio in applying the unit rule to the taxation of wandering cars was found so arbitrary as to violate the requirement of due process. The minority insisted that "the case presents no question of taxing a foreign corporation with respect to personal property that never has come within the borders of the state." This was not specifically denied by the majority who seem to base their decision on excessive valuation of property within the jurisdiction rather than on taxation of property outside the jurisdiction. Yet in substance the case is one of taxing extra-state values though not extra-state tangible objects.Missouri's excessive fee for certificates authorizing the issue of bonds secured by railroad property within the state, which was held an unconstitutional regulation of interstate commerce, was alleged by complainant to be a violation of the Fourteenth Amendment as well. The opinion of the court did not pass on the due-process question, but the cases cited under the commerce clause relied also on the Fourteenth Amendment.