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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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 annul argument arising authority bound thereby Charles Pinckney Confederation Connecticut consti Constitution contrary Convention of 1787 Council of Revision Coxe decide decision delegates doctrine elected Elliot's Debates enacted executive exercised expressly Farrand Federal Convention Federal judiciary Federalist framed fundamental law gress Hamilton independent intention Iredell Iredell's Jefferson judgment judicial control judicial department judicial power judicial recall jurisdiction justice King lative lature law of nations legis legislative acts legislature letter Luther Martin Madison Martin resolution ment national legislature negative North Carolina convention nullify Oliver Ellsworth opinion Parliament passed Philadelphia Convention power to declare principles provisions question ratifying convention reason removal repeal repugnant Rhode Island Richard Dobbs Spaight set aside laws Spaight Spencer Roane statute Supreme Court supreme law clause tion treaty tribunal tution uncon unconstitutional laws Union United usurpation vention veto violate Virginia vote Webster York
Pasajes populares
Página 92 - THAT A NATIONAL GOVERNMENT OUGHT TO BE ESTABLISHED, CONSISTING OF A SUPREME LEGISLATURE, JUDICIARY, AND EXECUTIVE.
Página 77 - There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Página 75 - 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 102 - If any act of congress or of the legislature of a state violates those constitutional provisions, it is unquestionably void; though, I admit, that as the authority to declare it void is of a delicate and awful nature, the court will never resort to that authority but in a clear and urgent case.
Página 90 - 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 90 - 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 64 - 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 49 - 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 91 - 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 109 - 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.