The Historic Relation of Judicial Power to Unconstitutional Legislation1911 - 13 من الصفحات |
عبارات ومصطلحات مألوفة
13 Howard 9 Wallace act of attainder act of Congress argued argument asserted Attorney-General authority Blair Carson Caton Chief Justice Jay Chief Justice Marshall circuit courts Consti constitutionality contrary Dallas David Brearly decided decision District Judge Edmund Randolph elaborate discussion Elliott Elliott's Debates execute the act exercise Federal Convention Federal Judicial Power Ferreira framing George Mason George Wythe Gouverneur Morris Halstead Hamilton held an act HISTORIC RELATION Iredell J. B. Varnum Jersey judiciary Justice Chase Justice Cushing lack of conformity law of Congress Law Review legislative and judicial legislature letter Madison Marbury North Carolina nullify a law Oliver Ellsworth opinion ordinary act Pamphlet of J. B. paramount law Philadelphia Bar power to declare power to pass POWER TO UNCONSTITUTIONAL refuse to execute RELATION OF JUDICIAL Rhode Island Richard Dobbs Spaight statute Supreme Court treaties Trevett UNCON unconstitutional act unconstitutional and void UNCONSTITUTIONAL LEGISLATION United Virginia Weeden Wilson Yale Todd
مقاطع مشهورة
الصفحة 11 - The Constitution is either a superior paramount law unchangeable by ordinary means, or it is on a level with ordinary legislative Acts, and like other Acts is alterable when the Legislature shall please to alter it. If the former part of the alternative be true then a legislative Act contrary to the Constitution is not law. If the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
الصفحة 11 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
الصفحة 11 - If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect ? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law ? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on.
الصفحة 11 - The constitution is either a superior, paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable, when the legislature shall please to alter it. If the former part of the alternative be true, then a legislative act contrary to the constitution, is not law; if the latter part be true, then written constitutions are absurd attempts on the part of the...
الصفحة 7 - A law that ought to be negatived, will be set aside in the Judiciary department ; and if that security should fail, may be repealed by a National law.
الصفحة 4 - Nay more, if the whole legislature, an event to be deprecated, should attempt to overleap the bounds prescribed to them by the people, I, in administering the public justice of the country, will meet the united powers at my seat in this tribunal; and, pointing to the constitution, will say to them, here is the limit of your authority; and, hither shall you go, but no further.
الصفحة 9 - Federal courts, as well as for the review of cases where the validity of State statutes or any exercise of State authority should be drawn in question, on the ground of repugnance to the Constitution, treaties or laws of the United States, and the decision should be in favor of their validity.
الصفحة 11 - The power and duty of the judiciary to disregard an unconstitutional act of Congress, or of any State Legislature, were declared in an argument approaching to the precision and certainty of a mathematical demonstration.
الصفحة 11 - It is, indeed, a general opinion, it is expressly admitted by all this bar, and some of the Judges have, individually, in the Circuits, decided, that the Supreme Court can declare an act of congress to be unconstitutional, and, therefore, invalid ; but there is no adjudication of the Supreme Court itself upon the point.0 I concur, however, in the general sentiment...
الصفحة 6 - Mr. GERRY doubts whether the judiciary ought to form a part of it, as they will have a sufficient check against encroachments on their own department by their exposition of the laws, which involved a power of deciding on their constitutionality.