Power of the Supreme Court to Declare Acts of Congress Unconstitutional: An Address Delivered Before the Joint Session of the Legislature of the State of Oklahoma, Held at Oklahoma City, Okla., on Jan. 23, 1917U.S. Government Printing Office, 1917 - 16 páginas |
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Página 5
... judiciary the right , with Congress , to deter- mine the constitutionality of a law in advance , and that proposition was voted down . But nowhere in the debates , in my judgment , and I have behind me some of the most distinguished ...
... judiciary the right , with Congress , to deter- mine the constitutionality of a law in advance , and that proposition was voted down . But nowhere in the debates , in my judgment , and I have behind me some of the most distinguished ...
Página 7
... judiciary , John Marshall arose in that convention , and no man answered him nay , and he said : " The Supreme Court of the United States has the power and must exercise the power to declare any law in conflict with the expressed will ...
... judiciary , John Marshall arose in that convention , and no man answered him nay , and he said : " The Supreme Court of the United States has the power and must exercise the power to declare any law in conflict with the expressed will ...
Página 12
... judiciary , the para- mount force of the Constitution would have been paralyzed , and the departments of government would have held practical supremacy over the supreme law of the land . In fact , it is the essential attribute of ...
... judiciary , the para- mount force of the Constitution would have been paralyzed , and the departments of government would have held practical supremacy over the supreme law of the land . In fact , it is the essential attribute of ...
Página 14
... judiciary was an ideal and perfect judiciary which was not exterior and outside of the other departments of government . " Something was said about the McCardle case - that nobody had ever called attention to the McCardle case . The ...
... judiciary was an ideal and perfect judiciary which was not exterior and outside of the other departments of government . " Something was said about the McCardle case - that nobody had ever called attention to the McCardle case . The ...
Página 16
... judiciary department , and you know it . That department , sit- ting up yonder like a fixed star , separate and apart , has never been touched by the tongue of righteous slander , nor has it ever been bought or driven from its duty ...
... judiciary department , and you know it . That department , sit- ting up yonder like a fixed star , separate and apart , has never been touched by the tongue of righteous slander , nor has it ever been bought or driven from its duty ...
Términos y frases comunes
Acts of Congress adopted Alexander Hamilton America Applause became necessary brought the Virginia C. B. Stuart citizen conflict Congress passed Congress Unconstitutional Connecticut consti constitutional government Court to Declare Daniel Webster debated declare a law Declare Acts declare laws unconstitutional declare that law delegate departments of government destroy that depart doctrine entire judicial power exercise favor Federal Government friends fundamental law greatest Guthrie HARVARD LAW LIBRARY hold in check JANUARY 23 John Marshall John Randolph Tucker joint session judges judgment judiciary law passed laws unless legislative acts legislative department legislative power Legislature of Oklahoma limitation Listen Madison was afraid ment Okla Oklahoma City Oliver Ellsworth Parliament passes a law Patrick Henry patriotic Philadelphia Constitution Philadelphia convention power to declare proposition pursuance thereof put upon Congress Republic resolution right to declare Senator solemn belief stitution Supreme Court supreme law taken the trouble tion tional trouble to run tution Virginia plan void
Pasajes populares
Página 6 - Union, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States...
Página 7 - But in a representative republic where the executive magistracy is carefully limited, both in the extent and the duration of its power; and where the legislative power is exercised by an assembly, which is inspired by a supposed influence over the people with an intrepid confidence in its own strength; which is sufficiently numerous to feel all the passions which actuate a multitude, yet not so numerous as to be incapable of pursuing the objects of its passions by means which reason prescribes; it...
Página 4 - 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 4 - 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. To deny this, would be to affirm, that the deputy is greater than his principal ; that the servant is above his master ; that the representatives of the people are superior to the people themselves ; that men, acting by virtue of powers, may do...
Página 7 - In a government, where numerous and extensive prerogatives are placed in the hands of an hereditary monarch, the executive department is very justly regarded as the source of danger, and watched with all the jealousy which a zeal for liberty ought to inspire. In a democracy, where a multitude of people exercise in person the legislative functions, and are continually exposed, by their...
Página 4 - 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. On the other hand, if the States go beyond their limits, if they make a law which is a usurpation upon the general government, the law is void, and upright, independent judges will declare it to be so.
Página 4 - The interpretation of the laws is the proper and peculiar province of the courts. A Constitution is in fact, and must be regarded by the judges as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.
Página 6 - 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; any thing in the Constitutions or laws of the several States to the contrary notwithstanding.
Página 11 - The interpretation or construction of the Constitution is as much a judicial act, and requires the exercise of the same legal discretion, as the interpretation or construction of a law. To contend that the courts of justice must obey the requisitions of an act of the legislature when it appears to them to have been passed in violation of...
Página 4 - 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...