Power of Federal Judiciary Over Legislation: Its Origin, the Power to Set Aside Laws, Boundaries of the Power, Judicial Independence, Existing Evils and RemediesThe Lawbook Exchange, Ltd., 2010 - 125 páginas A Historically Grounded Analysis and Defense of the Judiciary's Power to Override Legislation "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. (...) He does not rest his case here, but proceeds with a discussion of other evidence in support of his position. (...) It is to be hoped that this volume will find a large audience and thereby perform a great public service in tending to limit the effect of many ill-considered statements bearing upon the power given to the judiciary by the Constitution of the United States." P.R.B., Yale Law Journal 22 (1912-13) 67-68 J. Hampden Dougherty was a prominent New York City lawyer whose practice focused on tax issues and land and water use. He graduated from Columbia Law School in 1874 and was the author of numerous titles including Electoral System of the United States (1906) and Constitutional History of New York State (2nd ed. 1915). |
Conteúdo
| 2 | |
The Legal Tender Cases Mr Richard C McMur | 8 |
The case of Geddes v Hales and judicial recall | 14 |
Brief account of some early State cases in which | 20 |
Views of James Iredell afterwards Associate Justice | 33 |
Infractions by the States of provisions of the treaty | 36 |
The Convention decides to arm the Federal judiciary | 42 |
Evolution of the supreme law clause from the Martin | 48 |
James Wilsons arguments in the Pennsylvania con | 63 |
Charles Pinckneys arguments before the South | 69 |
Oliver Ellsworth before the Connecticut ratifying | 75 |
Origin of the antagonistic notion that the courts havė | 83 |
Daniel Webster cited as a witness to show that | 89 |
Citations made from Websters Reply to Hayne | 97 |
Method taken by the Convention of 1787 to secure | 106 |
Judicial recall fallacy | 112 |
Intent of members of the Convention as evidenced | 57 |
The thesis of this essay stated which is the members | 59 |
Outras edições - Ver todos
Power of Federal Judiciary Over Legislation: Its Origin, the Power to Set ... John Hampden Dougherty Visualização completa - 1912 |
Power of Federal Judiciary Over Legislation: Its Origin, the Power to Set ... John Hampden Dougherty Visualização completa - 1912 |
Power of Federal Judiciary Over Legislation: Its Origin, the Power to Set ... John Hampden Dougherty Visualização completa - 1912 |
Termos e frases comuns
¹ Coxe according act of Assembly act of Parliament acts of Congress annul argument arising authority bound thereby canton Charles Pinckney Confederation consti contrary Convention of 1787 Council of Revision decide decision delegates elected enacted executive exercised express Federal Convention Federal judiciary Federalist framed fundamental law gress History of U. S. intention Iredell Jersey plan judges judgment judicial control judicial department judicial power judicial recall jurisdiction justice King lative lature law of nations legis legislative acts legislature Madison Martin resolution national legislature North Carolina North Carolina convention Oliver Ellsworth opinion Philadelphia Convention principle proposed provisions question ratifying convention reason Record repeal repug repugnant Revolution of 1688 Rhode Island Richard Dobbs Spaight Roman law says Spaight statute Supreme Court supreme law clause tion Trevett tribunal tution unconstitutional and void unconstitutional laws Union United Vattel veto violate Virginia Virginia plan Webster Weeden York