The Supreme Court and the Constitution
The Lawbook Exchange, Ltd., 1999 - 127 pagina's
Beard, Charles A. The Supreme Court and the Constitution. New York: The Macmillan Company, 1912. vii, 127 pp. Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-50368. ISBN 1-886363-78-1. Cloth. $45. * A thorough analysis of the early history and development of judicial review, from 1787 through Marbury v. Madison. "A strong argument that the constitutional fathers intended to establish judicial review." Carr, The Supreme Court and Judicial Review 293. "The book is based on the most exhaustive examination which has so far been made of the expressed opinions of the men who were most responsible for the adoption of the United States Constitution." Col. L. Rev. 13:87 as cited in Marke, A Catalogue of the Law Collection at New York University 172. Chapters include "The Constitutional Convention of 1787 and Judicial Control," "John Marshall and the Fathers," and "Marbury v. Madison."
Judicial Control before the Ratifying Con ventions
The Spirit of the Constitution
The Supporters of the New Constitution
John Marshall and the Fathers
Marbury v Madison
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Pagina 122 - So if a law be in opposition to the Constitution. If both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
Pagina 44 - By the twenty-filth section of the judiciary act of seventeen hundred and eighty-nine, it is provided, "that a final judgment or decree in any suit in the highest court of law or equity of a state, in which a decision in the suit could be had...
Pagina 25 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Pagina 122 - If the former part of the alternative be true, then a legislative act, contrary to the constitution, is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power, in its own nature, illimitable.
Pagina 39 - Nor can any man, who acknowledges the being of God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship...
Pagina 50 - Nay, more, if the whole Legislature, an event to be deprecated, should attempt to overleap the bounds prescribed to them by the people, I, in administering the public justice of the country, will meet the united powers at my seat in this tribunal and, pointing to the constitution, will say to them, here is the limit of your authority, and hither shall you go, but no further.
Pagina 122 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
Pagina 26 - They teach us that the prior act of a superior ought to be preferred to the subsequent act of an inferior and subordinate authority; and that accordingly, whenever a particular statute contravenes the Constitution, it will be the duty of the judicial tribunals to adhere to the latter and disregard the former.
Pagina 184 - An historical essay on the Magna Charta of King John, to which are added, the Great Charter in Latin and English, the Charters of liberties and confirmations, granted by Henry III. and Edward I . , the original Charter of the forests...
Pagina 23 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.