The Doctrine of Judicial Review: Its Legal and Historical Basis and Other Essays

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The Lawbook Exchange, Ltd., 2010 - 177 páginas
Provocative Essays on Judicial Review. This book contains five historical essays, three of them on the concept of "judicial review," which is defined as the power and duty of a court to disregard ultra vires legislative acts. - In "Marbury v. Madison and the Doctrine of Judicial Review," Corwin asks: "What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress?" - "We, the People" examines the issues of secession and nullifi cation. - "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the United States Constitution. - "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. - "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties. Edward S. Corwin [1878-1963] succeeded Woodrow Wilson as the McCormick Professor of Jurisprudence at Princeton University, and was the fi rst chairman of the Department of Politics. The author of numerous books on constitutional law, he is best known for The Constitution and What It Means Today (1920). He was the president of the American Political Science Association, winner of the American Philosophical Society's Franklin Medal and Phillips Prize and was among the notable scholars acknowledged at the Harvard Tercentenary. In 1952, Princeton's Woodrow Wilson Hall was renamed Edward S. Corwin Hall.

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THE DRED SCOTT DECISION
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Página 21 - Government. The Congress, the Executive, and the court must each for itself be guided by its own opinion of the Constitution. Each public officer who takes an oath to support the Constitution swears that he will support it as he understands it, and not as it is understood by others.
Página 44 - 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.
Página 91 - America, given by deputies elected ..for the special purpose ; but on the other, that this assent and ratification is to be given by the people, not as individuals composing one entire nation; but as composing the distinct and independent states to which they respectively belong. It is to be the assent and ratification of the several states, derived from the supreme authority in each state — the authority of the people themselves. The act, therefore, establishing the constitution, will not be a...
Página 91 - Were the people regarded in this transaction as forming one nation, the will of the majority of the whole people of the United States...
Página 81 - That this Assembly doth explicitly and peremptorily declare that it views the powers of the federal government, as resulting from the compact to which the States are parties...
Página 81 - That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress.
Página 162 - The Constitution is a written instrument. As such its meaning does not alter. That which it meant when adopted, it means now. Being a grant of powers to a government, its language is general, and, as changes come in social and political life, it embraces in its grasp all new conditions which are within the scope of the powers in terms conferred. In other words, while the powers granted do not change, they apply, from generation to generation, to all things to which they are in their nature applicable.
Página 68 - The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute that it cannot be confined. either for causes or persons, within any bounds.

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