Excerpt from The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays In the preparation of another volume, not yet pub lished, I have encountered a number of questions involving controversies important to the student of American Constitutional History, an extended con sideration of which however in those pages I felt to be out place. The following studies present my conclusions with regard to these questions, and the grounds of them. In the principal essay, I have en deavored to present judicial ...
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Excerpt from The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays In the preparation of another volume, not yet pub lished, I have encountered a number of questions involving controversies important to the student of American Constitutional History, an extended con sideration of which however in those pages I felt to be out place. The following studies present my conclusions with regard to these questions, and the grounds of them. In the principal essay, I have en deavored to present judicial review as the outcome of a view of legislative power which arose in consequence of the astonishing abuse of their powers by the early State legislatures but which was first appreciated for its full worth by the Convention that framed the Con stitution of the United States. Incidentally I have, I trust, laid to rest that most inconclusive explana tion of judicial review which dwells on the idea that a legislative measure contrary to the constitution is not law and never was. The alleged explanation totally ignores the crucial question, which is, W hy is it the judicial view of the constitution that legislative measures have to conform to? The article on the Dred Scott Decision treats of the most dramatic epi sode in the history of judicial review, though one that is by no means the best illustrative of the spirit of the institution. The study entitled We, the People, ap proaches the time-honored controversy over Secession and N ullification from what is shown to be, I submit. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at ... 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.
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