The Courts, the Constitution, and Parties: Studies in Constitutional History and Politics

The Lawbook Exchange, Ltd., 2001 - 299 pagina's
McLaughlin, Andrew C. The Courts, The Constitution and Parties. Studies in Constitutional History and Politics. Chicago: University of Chicago Press, 1912. vii, 299 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 00-058812. ISBN 1-58477-155-0. Cloth. $95. * "This volume is composed of five papers or addresses. Two of them are careful historical discussions of the origin of the American doctrine that courts can declare acts of the legislature void; a third shows the influence of theories of political philosophy upon the ante-bellum controversy regarding the nature of the Union; and the remaining two consider the significance of American political parties and their real function in popular government. The two papers first mentioned seem to be contributions of great and permanent value to the discussion of their topic. The style of all of these essays is easy and delightful and their argument sane, thoughtful, and persuasive." J.P.H. Harv. L. Rev. 26:280-281 cited in Marke, A Catalogue of the Law Collection at New York University (1953) 377.

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Pagina 9 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and consequently the theory of every such government must be, that an act of the legislature repugnant to the Constitution is void.
Pagina 9 - The Constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it. 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 306 - Dictionary Adapted to the Constitution and Laws of the United States of America, and of the Several States of the American Union; with References to the Civil and Other Systems of Foreign Law.
Pagina 43 - 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...
Pagina 88 - For that it would professedly transgress the limits of our charter, which provide, we shall make no laws repugnant to the laws of England, and that we were assured we must do. But to raise up laws by practice and custom had been no transgression...
Pagina 328 - AN INTRODUCTION TO THE STUDY OF JUSTINIAN'S DIGEST. Containing an account of its composition and of the Jurists used or referred to therein. By HENRY JOHN ROBY, MA, formerly Prof.
Pagina 311 - Duer, William Alexander. A Course of Lectures on the Constitutional Jurisprudence of the United States; Delivered Annually in Columbia College, New York.

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