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An Essay on Judicial Power and Unconstitutional Legislation

An Essay on Judicial Power and Unconstitutional Legislation
Author: Brinton Coxe
Publisher: The Lawbook Exchange, Ltd.
Total Pages: 434
Release: 2005
Genre: Constitutional law
ISBN: 1584775343

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Coxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.


An Essay on Judicial Power and Unconstitutional Legislation

An Essay on Judicial Power and Unconstitutional Legislation
Author: Brinton Coxe
Publisher: Forgotten Books
Total Pages: 434
Release: 2017-09-17
Genre: Law
ISBN: 9781527980518

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Excerpt from An Essay on Judicial Power and Unconstitutional Legislation: Being a Commentary on Parts of the Constitution of the United States Subordinate to this chief purpose are four others. First of these subordinate purposes is to show that Framers of the constitution according to the extant records of their debates and proceedings at Philadelphia in 1787, ex pressly intended to provide for the said judicial competency as to such unconstitutional legislation. The second subordinate purpose is to point out and com ment upon certain texts in federal documents older than the constitution, which are historical antecedents of the constitutional texts concerned. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.


An Essay on Judicial Power and Unconstitutional Legislation, Being a Commentary on Parts of the Constitution of the United States

An Essay on Judicial Power and Unconstitutional Legislation, Being a Commentary on Parts of the Constitution of the United States
Author: Brinton Coxe
Publisher: Palala Press
Total Pages: 442
Release: 2015-11-18
Genre:
ISBN: 9781346762210

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


The Doctrine of Judicial Review

The Doctrine of Judicial Review
Author: Edward S. Corwin
Publisher: Routledge
Total Pages: 173
Release: 2017-07-05
Genre: Law
ISBN: 1351483498

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This book, first published in 1914, contains five historical essays. Three of them are on the concept of judicial review, which is defined as the power of a court to review and invalidate unlawful acts by the legislative and executive branches of government. One chapter addresses the historical controversy over states' rights. Another concerns the Pelatiah Webster Myth the notion that the US Constitution was the work of a single person.In "Marbury v. Madison and the Doctrine of Judicial Review," Edward S. Corwin analyzes the legal source of the power of the Supreme Court to review acts of Congress. "We, the People" examines the rights of states in relation to secession and nullification. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the 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.Matthew J. Franck's new introduction to this centennial edition situates Corwin's career in the history of judicial review both as a concept and as a political reality.


An Essay on Judicial Power and Unconstitutional Legislation - Scholar's Choice Edition

An Essay on Judicial Power and Unconstitutional Legislation - Scholar's Choice Edition
Author: Brinton Coxe
Publisher:
Total Pages: 434
Release: 2015-02-20
Genre:
ISBN: 9781297429590

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.


An Essay on Judicial Power and Unconstitutional Legislation, Being a Commentary on Parts of the Constitution of the United States - Primary Source Ed

An Essay on Judicial Power and Unconstitutional Legislation, Being a Commentary on Parts of the Constitution of the United States - Primary Source Ed
Author: William Montgomery Meigs
Publisher: Nabu Press
Total Pages: 438
Release: 2013-10
Genre:
ISBN: 9781289816018

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This is a reproduction of a book published before 1923. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.


How Many Judges Does it Take to Make a Supreme Court?

How Many Judges Does it Take to Make a Supreme Court?
Author: John V. Orth
Publisher:
Total Pages: 160
Release: 2006
Genre: Law
ISBN:

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Through six accessible essays, the author invites students of the law to look beyond accepted American legal practices. One learns why appellate courts always have an odd number of judges, why the power of judges depends partly on accurate court reporting and unitary, "opinions of the court," how common law rules can be unconstitutional, and many other pressing legal issues.