| Bernard Schwartz - 1993 - 480 páginas
...the Constitution assumed that judicial review would be an essential feature of the new organic order. "If they were to make a law not warranted by any of the powers enumerated," declared John Marshall in the Virginia ratifying convention, "it would be considered by the judges... | |
| Jean Edward Smith - 1998 - 788 páginas
...tool of an oppressive government. Congress's powers were delegated by the Constitution, said Marshall. "If they were to make a law not warranted by any of the powers enumerated, it would be considered by the Judges as an infringement of the Constitution which they are to guard. They would not consider... | |
| the late Bernard Schwartz - 1998 - 329 páginas
...and urgent case."7 At the Virginia Ratifying Convention in 1788, John Marshall stated: "If Congress were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution which they are to guard. . . . They would declare... | |
| Kermit L. Hall - 2000 - 506 páginas
...Constitutional Convention of 1788, Marshall approved the Judiciary Article and declared: If they [Congress], were to make a law not warranted by any of the powers enumerated, it would be considered by the [National] judges as an infringement of the Constitution which they are to guard. They would... | |
| Mark Robert Killenbeck - 2002 - 214 páginas
...enact general legislation throughout the country, Marshall declared: "Can [Congress] go beyond the delegated powers? If they were to make a law not warranted...any of the powers enumerated, it would be considered by the Judges as an infringement of the Constitution which they are to guard: — They would not consider... | |
| Charles Grove Haines - 2001 - 180 páginas
...exercise of this power by the courts. Marshall in Virginia stated that " if they (the legislature) were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution which they are to guard. They would not consider... | |
| R. Kent Newmyer - 2001 - 552 páginas
...government—was that judicial review could work to limit the power of Congress. "If they [Congress] were to make a law not warranted by any of the powers enumerated," he declared in language that echoed Hamilton's Federalist 78, "it would be considered by the Judges... | |
| Bryan-Paul Frost, Jeffrey Sikkenga - 2003 - 852 páginas
...to judicial supremacy is commonly attributed. Here is what he said on that occasion: If [Congress] cases, an interested minority might take advantage of it to screen themselves from equi by the Judges as an infringement of the Constitution: — They would not consider such a law as coming... | |
| Larry D. Kramer - 2004 - 376 páginas
...make laws on every subject." Not so, retorted Marshall, for federal lawmakers cannot go beyond their delegated powers. "If they were to make a law not warranted by any of the powers enumerated," Marshall continued, "it would be considered by the Judges as an infringement of the Constitution which... | |
| John A. Marini, Ken Masugi - 2005 - 406 páginas
...Ellsworth as Chief Justice, was somewhat more circumspect when he contended that if the federal government "were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution which they are to guard. They would not consider... | |
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