Power of Federal Judiciary Over Legislation: Its Origin, the Power to Set Aside Laws, Boundaries of the Power, Judicial Independence, Existing Evils and RemediesPutnam, 1912 - 125 páginas |
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Página 1
... asserted the judiciary to be despotic and labored for years to undermine it . " The constitution , " he wrote to Judge Spencer Roane , " on this hypothesis is a mere thing of wax which they may twist and shape into any form they please ...
... asserted the judiciary to be despotic and labored for years to undermine it . " The constitution , " he wrote to Judge Spencer Roane , " on this hypothesis is a mere thing of wax which they may twist and shape into any form they please ...
Página 10
... asserted that in most modern states there is no legal remedy against the validity and ap- plicability of a law on the ground that its contents contravene the constitution , Coxe , in an analysis of earlier authorities , arrayed the ...
... asserted that in most modern states there is no legal remedy against the validity and ap- plicability of a law on the ground that its contents contravene the constitution , Coxe , in an analysis of earlier authorities , arrayed the ...
Página 18
... assert that , like every other judicial idea that ever existed , it is the slow outcome of circumstances . The majority of the colonies for years before their quarrel with the mother - country had seen their laws disallowed at pleasure ...
... assert that , like every other judicial idea that ever existed , it is the slow outcome of circumstances . The majority of the colonies for years before their quarrel with the mother - country had seen their laws disallowed at pleasure ...
Página 19
... asserted the same doctrine , and on one occasion in a memorable argument used these words : " The stamp act is invalid ; we never consented to it . A parlia- ment in which we are not represented had no legal au- thority to impose it ...
... asserted the same doctrine , and on one occasion in a memorable argument used these words : " The stamp act is invalid ; we never consented to it . A parlia- ment in which we are not represented had no legal au- thority to impose it ...
Página 22
... asserted its right to hold " any resolution or act of the legislature or of either branch of it to be unconstitutional and void . " I Rutgers v . Waddington was decided in the Mayor's Court of the City of New York , August 27 , 1784.2 ...
... asserted its right to hold " any resolution or act of the legislature or of either branch of it to be unconstitutional and void . " I Rutgers v . Waddington was decided in the Mayor's Court of the City of New York , August 27 , 1784.2 ...
Otras ediciones - Ver todas
Power of Federal Judiciary Over Legislation: Its Origin, the Power to Set ... J. Hampden Dougherty Vista previa limitada - 2010 |
Términos y frases comunes
according act of Assembly acts of Congress argument arising August authority bound thereby canton Charles Pinckney citizens Confederation confer Connecticut consti Constitution contrary contravening Convention of 1787 Council of Revision Coxe decide decision delegates doctrine Elliot's Debates enacted executive exercised Farrand Federal Convention Federal judiciary Federalist fundamental law gress Hamilton intent Iredell Jersey plan judgment judicial control judicial department judicial power jurisdiction justice King lative lature law of nations legis legislative acts Luther Martin Madison Martin resolution national legislature negative all laws North Carolina North Carolina convention nullify Oliver Ellsworth opinion Parliament Philadelphia Convention principle proposed provisions question ratifying convention Record repeal repug repugnant Rhode Island Richard Dobbs Spaight says Senator Owen Spaight statute Supreme Court supreme law clause tion treaty Trevett tribunal tution unconstitutional and void unconstitutional laws Union United usurpation vention violated Virginia Virginia plan Webster Weeden Wilson York
Pasajes populares
Página 90 - THAT A NATIONAL GOVERNMENT OUGHT TO BE ESTABLISHED, CONSISTING OF A SUPREME LEGISLATURE, JUDICIARY, AND EXECUTIVE.
Página 73 - This constitution defines the extent of the powers of the general government. If the general legislature should at any time overleap their limits, the judicial department is a constitutional check. If the United States go beyond their powers, if they make a law which the constitution does not authorize, it is void, and the judicial power, the national judges, who, to secure their impartiality, are to be made independent, will declare it to be void.
Página 88 - No definition can be so clear, as to avoid possibility of doubt; no limitation so precise, as to exclude all uncertainty. Who, then, shall construe this grant of the people ? Who shall interpret their will, where it may be supposed they have left it doubtful...
Página 47 - The acts of the legislature of the United States made in pursuance of this Constitution, and all treaties made under the authority of the United States, shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions, anything in the constitutions or laws of the several states to the contrary notwithstanding.
Página 88 - the Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, anything in the constitution or laws of any State to the contrary notwithstanding.
Página 62 - If a law should be made inconsistent with those powers vested by this instrument in Congress, the judges, as a consequence of their independence, and the particular powers of government being defined, will declare such law to be null and void; for the power of the Constitution predominates. Any thing, therefore, that shall be enacted by Congress contrary thereto, will not have the force of law.
Página 89 - the Constitution, and the laws of the United States made in pursuance thereof, shall be the supreme law of the land, anything in the constitution or laws of any State to the contrary notwithstanding." This, Sir, was the first great step. By this the supremacy of the Constitution and laws of the United States is declared.
Página 107 - The dignity and stability of government in all its branches, the morals of the people, and every blessing of society depend so much upon an upright and skilful administration of justice, that the judicial power ought to be distinct from both the legislative and executive, and independent upon both, that so it may be a check upon both, as both should be checks upon that.
Página 43 - ... Resolved, that all acts of the United States in Congress, made by virtue and in pursuance of the powers hereby, and by the Articles of Confederation, vested in them, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States, so far forth as those acts or treaties shall relate to the said States or their citizens ; and that the Judiciary of the several States shall be bound thereby in their decisions, any thing in the respective...
Página 57 - Confederation, and moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation ; to negative all laws passed by the several States contravening, in the opinion of the National Legislature, the Articles of Union, or any treaty subsisting under the authority of the Union...