The Conflict Over Judicial Powers in the United States to 1870

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The Lawbook Exchange, Ltd., 2001 - 180 páginas
Haines, Charles Grove. The Conflict over Judicial Powers in the United States to 1870. New York: Columbia University Press, 1909. 180 pp. Reprinted 2001 by The Lawbook Exchange, Ltd. LCCN 99-088241. ISBN 1-58477-080-5. Cloth. $60. * From the Columbia University series Studies in History, Economics and Public Law, Volume XXXV, Number 1, Whole Number 92. Haines shows the gradual development of the increasing power and authority of the judiciary through this study of the conflicting opinions over the right of the judiciary to nullify legislative acts. Includes discussion of resistance from the states, attitudes about the slavery controversy, and the effects of Jacksonian democracy on the power of the judiciary.

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Página 83 - We admit, as all must admit, that the powers of the government are limited, and that its limits are not to be transcended. But we think the sound construction of the constitution must allow to the national legislature that discretion, with respect to the means by which the powers it confers are to be carried into execution, which will enable that body to perform the high duties assigned to it, in the manner most beneficial to the people.
Página 133 - 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 46 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity...
Página 19 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 13 - ... there can be but one supreme power which is the legislative, to which all the rest are and must be subordinate, yet, the legislative being only a fiduciary power to act for certain ends, there remains still in the people a supreme power to remove or alter the legislative when they find the legislative act contrary to the trust reposed in them...
Página 73 - Each branch of the legislature, as well as the governor and council, shall have authority to require the opinions of the justices of the supreme judicial court, upon important questions of law, and upon solemn occasions.
Página 83 - If any one proposition could command the universal assent of mankind, we might expect it would be this, — that the government of the union, though limited in its powers, is supreme within its sphere of action.
Página 42 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Página 133 - The opinion of the judges has no more authority over Congress than the opinion of Congress has over the judges; and, on that point, the President is independent of both.
Página 59 - ... in maintaining unimpaired the authorities, rights, and liberties, reserved to the states respectively, or to the people.

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