Author: Charles Grove HainesPublisher:
ISBN:
Category : Law
Languages : en
Pages : 406
Book Description
The American Doctrine of Judicial Supremacy
Author: Charles Grove HainesPublisher:
ISBN:
Category : Law
Languages : en
Pages : 406
Book Description
The American Doctrine of Judicial Supremacy
Author: Charles Grove HainesPublisher:
ISBN:
Category : Judicial review
Languages : en
Pages : 744
Book Description
The American Doctrine of Judicial Supremacy
Author: Charles Grove HainesPublisher: Theclassics.Us
ISBN: 9781230372631
Category : Judicial review
Languages : en
Pages : 128
Book Description
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1914 edition. Excerpt: ... Burgess, Political Science and Consti- tutional Law, quoted, 194, 195, 198- 199. Burr, Aaron, trial of, and resulting breach between Jefferson and Mar- shall, 219-220. Burton v. United States, criticism of decision in, 320-321. Byrne s. Stewart, case of, 76, 117-119, 192. C Calder v. Bull, case of, 163-164, 287; opinion of Justice Chase in, 289. California, recall of judges in, 341. Calvin's case, 30. Campbell v. Hall, case of, 68. Canada, judicial supremacy in, 6; dis- tinction between judicial supremacy in United States and, 7-8. Cannon, James, plan for Council of Censors attributed to, 126 n. Canon law courts, limitations placed on temporal legislation by, 21-22. Charles River Bridge case, 255-257. Chase, Justice, opinion of, in Whitting- ton r. Polk, 106-108; opinion in Calder v. Bull, 163, 289; impeachment of, 215-216. Chicago, Milwaukee A St. Paul Ry. Co. v. Minnesota, case of, 299-302. Chipman, Memoirs of Thomas Chitten- den, cited, 130. Cicero, distinction drawn by, between natural law and written law, 19. City of New York t>. Miln, case of, 252. Clark, Judge James, impeachment of, in Kentucky, 232-233. Clark, Lindley D., cited on labor laws declared unconstitutional, 331. Clark, Chief Justice Walter, address by, cited, 143; on Supreme Court's usurpation of power to declare acts of Congress unconstitutional, 336- 337. Cohens r. Virginia, case of, 224. Coke, theory of supremacy of common law courts held by, 25-34, 51; weight attached to doctrine of, by American colonies, 61-53, 71, 72; growth of doctrine in United States, 120. Cole, Justice, quoted, 293. Collins, History of Kentucky, cited, 233. Colonial precedents for American dootrine of judicial supremacy, 63-73. Colorado, recall of judges in, 342; recall of judicial...
The Doctrine of Judicial Supremacy
Author: Henry Clay KeenePublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 18
Book Description
The American Doctrine of Judicial Supremacy
Author: Charles Grove Haines (recht)Publisher:
ISBN:
Category : Judicial review
Languages : en
Pages : 706
Book Description
The Struggle for Judicial Supremacy
Author: Robert H. JacksonPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 442
Book Description
The Doctrine of Judicial Review
Author: Edward Samuel CorwinPublisher:
ISBN:
Category : Law
Languages : en
Pages : 200
Book Description
The People Themselves
Author: Larry KramerPublisher: Oxford University Press, USA
ISBN: 9780195306453
Category : History
Languages : en
Pages : 380
Book Description
This book makes the radical claim that rather than interpreting the Constitution from on high, the Court should be reflecting popular will--or the wishes of the people themselves.
The Relation of the Judiciary to the Constitution
Author: William Montgomery MeigsPublisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 300
Book Description
Political Foundations of Judicial Supremacy
Author: Keith E. WhittingtonPublisher: Princeton University Press
ISBN: 1400827752
Category : Law
Languages : en
Pages : 320
Book Description
Should the Supreme Court have the last word when it comes to interpreting the Constitution? The justices on the Supreme Court certainly seem to think so--and their critics say that this position threatens democracy. But Keith Whittington argues that the Court's justices have not simply seized power and circumvented politics. The justices have had power thrust upon them--by politicians, for the benefit of politicians. In this sweeping political history of judicial supremacy in America, Whittington shows that presidents and political leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. Whittington examines why presidents have often found judicial supremacy to be in their best interest, why they have rarely assumed responsibility for interpreting the Constitution, and why constitutional leadership has often been passed to the courts. The unprecedented assertiveness of the Rehnquist Court in striking down acts of Congress is only the most recent example of a development that began with the founding generation itself. Presidential bids for constitutional leadership have been rare, but reflect the temporary political advantage in doing so. Far more often, presidents have cooperated in increasing the Court's power and encouraging its activism. Challenging the conventional wisdom that judges have usurped democracy, Whittington shows that judicial supremacy is the product of democratic politics.