The Conflict Over Judicial Powers in the United States to 1870

Paperback | February 1, 2012

byCharles Grove Haines

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909. Excerpt: ... j. The development of a judicial tradition. It must not be supposed that the doctrines of the court under the direction of Chief Justice Taney tended toward a denial of the right of judicial nullification. The Chief Justice took occasion to reaffirm this right,1 although it was seldom exercised. In spite of the restrictive features of Taney's opinions, the main principles of judicial interpretation which had been formulated by Marshall were gradually developing into a judicial tradition which grew stronger even in the period of democratic ascendency. Those who ordinarily were inclined toward the doctrine of a strict interpretation of the Constitution began to accept the idea that the Supreme Court was the proper body to determine the ultimate validity of laws. Madison's last letter relative to judicial powers shows the change in attitude which may be frequently noticed throughout the period from 1820 to 1850. Having once firmly upheld the view that the legislature must be granted an equal right with the courts in determining the constitutionality of laws, Madison now reiterated this doctrine.2 He merely repeated the old idea of a coordination of powers among the three departments, and then claimed that in case of irreconcilable interpretations the supremacy of one department or another must depend on the nature of the issue. But since the judicial department attracts the greatest public confidence and has the advantage of discussion which the Executive does not possess and which the composite nature of the legislative department would not permit, this department, it was submitted, will "most engage the respect and reliance of the public as the surest expositor of the Constitution, as well in questions within its cognizance concerning the boundaries 1 Nota...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909. Excerpt: ... j. The development of a judicial tradition. It must not be supposed that the doctrines of the court under the direction of Chi...

Format:PaperbackDimensions:50 pages, 9.69 × 7.44 × 0.1 inPublished:February 1, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217890814

ISBN - 13:9780217890816

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