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13 Iowa L. Rev. 188 (1927-1928)
Advisory Opinions

handle is hein.journals/ilr13 and id is 202 raw text is: ADVISORY OPINIONS Many new laws appear upon the statute books of each state of the Union at each session of its legislature. And it is common knowledge that a large percentage of these laws are annually de- clared unconstitutional by the courts of last resort. It is scarcely. necessary to point out the objectionable features of this condition and the desirability of reducing them as much as possible. One element in this unfortunate situation, however, is entitled to a slight further mention. Predicability long has been recognized as one of the most vital characteristics of law, and today, more than ever before, is law carefully studied, and regarded as the ever- present guide of commerce and industry,1 as well as social conduct. It is therefore apparent that each time a law is declared unconsti- tutional important social and economic interests are likery to be adversely affected. Despite -this serious consequence of unsound legislation the great increase in the volume of statute-making has been accompanied by an apparently corresponding increase in the number of unconstitutional laws. Among the many proposals made for the solution of the prob- lem herein implied is that of curtailment of legislation. It would seem that this would be practicable, however, only insofar as it relates to the seemingly non-essential legislation which is too frequently passed. Such laws seem to serve no useful purpose save that of aiding the growth of law along empirical lines. Unless the law is to become static and hopelessly inadequate, as contrasted with stabilized, however, it inust be revised and broadened and un- ceasingly enriched by experience to cope with changing social and economic conditions. As these factors grow more complex, laws' must increase in number, but it is to be questioned whether some proposed but unsound laws could not be eliminated before passage. From a practical standpoint, the advisory opinion would seem to be the logical means of minimizing the number and proportion of unconstitutional acts. Under the American system of government the courts of last resort are the final arbiters of the constitution- ' See Edwin M. Borchard, The Declaratory Judgment-A Needed Pro- cedural Reform,1 28 Yale L. T. 1, 105; 36 Yale L. J. 845 (an editorial note by Professor Borchard); Manley 0. Hudson, Advisory Opinions of National and International Courts, 37 Harv. L. Rev. 970.