The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays (Classic Reprint)

The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays (Classic Reprint)

Author: Edward Samuel Corwin

Publisher:

Published: 2015-09-27

Total Pages: 196

ISBN-13: 9781330619155

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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 published, I have encountered a number of questions involving controversies important to the student of American Constitutional History, an extended consideration 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 endeavored 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 Constitution of the United States. Incidentally I have, I trust, laid to rest that most inconclusive "explanation" 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, Why 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 episode in the history of judicial review, though one that is by no means the best illustrative of the spirit of the institution. 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.


The Doctrine of Judicial Review

The Doctrine of Judicial Review

Author: Edward S. Corwin

Publisher: Routledge

Published: 2017-09-12

Total Pages: 172

ISBN-13: 9781138535213

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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. Madisonand 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.


The Doctrine of Judicial Review

The Doctrine of Judicial Review

Author: Edward Samuel Corwin

Publisher: The Lawbook Exchange, Ltd.

Published: 2010-11

Total Pages: 190

ISBN-13: 1584770112

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Five essays examine the concept of "judicial review" from a historical perspective. The term is defined as the power and duty of a court to disregard ultra vires legislative acts.


The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays

The Doctrine of Judicial Review, Its Legal and Historical Basis, and Other Essays

Author: Edward Samuel Corwin

Publisher: General Books

Published: 2012-02-01

Total Pages: 94

ISBN-13: 9781458980717

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General Books publication date: 2009 Original publication date: 1914 Original Publisher: Princeton University Press Subjects: Constitutional history United States Judicial review Law / Civil Procedure Law / Constitutional Law / Courts Political Science / Constitutions Political Science / Government / Judicial Branch Notes: This is an OCR reprint. There may be typos or missing text. There are no illustrations or an index. When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there.


Bibliotheca Hamiltoniana

Bibliotheca Hamiltoniana

Author: Paul Leicester Ford

Publisher: The Lawbook Exchange, Ltd.

Published: 2003

Total Pages: 112

ISBN-13: 1584772859

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Ford, Paul Leicester [1865-1902]. Bibliotheca Hamiltoniana. A List of Books Written by, or Relating to Alexander Hamilton. New York: Printed for the Author The Knickerbocker Press, 1886. vi, [80] pp. (irregular pagination). Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-285-9. Cloth. $85. * Contains Alexander Hamilton's official and unofficial writings and those relating to him, arranged chronologically under the date of the first edition, with principal locations noted. With a useful chronological bibliography of all editions of The Federalist, with collation. Alexander Hamilton [1755-1804] was Secretary of the Treasury under George Washington, and author, along with John Jay and James Madison, of the influential collection of political essays, The Federalist. During his short lifetime Ford was a historian and historical novelist as well as a noted and prolific bibliographer of Americana and editor of Autobiography of Thomas Jefferson, 1743-1790. Dictionary of American Biography III: 518-520.