The Legal Tender Cases. Mr. Richard C. McMur-
trie denies the jurisdiction of the Supreme Court
to declare a legislative act void. Statement of
McMurtrie's conclusions .
Rejoinder to McMurtrie by Brinton Coxe in an
essay on "Judicial Power and Unconstitutional
Brief summary of Coxe's views. The judicial power
does not rest upon inference, but upon the express
text of the Constitution. Similar power had been
recognized in other jurisdictions, as the framers
of the Constitution were well aware. Examples
cited from foreign laws, including the Roman
law and the canon law. Some foreign cases in
which legislative acts were held to be void.
Cases prior to the English Revolution of 1688
The case of Geddes v. Hales, and judicial recall
The State judiciaries had set aside laws before
the formation of the present government of the
United States. Cases are well known, though
few in number
Brief account of some early State cases in which
laws were set aside as unconstitutional. Case of
Josiah Philips, in Virginia; Commonwealth v.
Caton, Hopkins, and Lamb, Virginia; Rutgers v.
Waddington; Trevett v. Weeden; Den d. Bayard
Views of James Iredell, afterwards Associate Justice
of the Supreme Court of the United States, upon
the controversy in Bayard v. Singleton. His
“Letter of an Elector" and his “Reply to
Richard Dobbs Spaight.”