Author: Edward Samuel Corwin
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 200

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Book Description

Author: Edward Samuel Corwin
Publisher:
ISBN: 9781330619155
Category : History
Languages : en
Pages : 196

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Book Description
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.

Author: Edward S. Corwin
Publisher: Routledge
ISBN: 9781138535213
Category :
Languages : en
Pages : 172

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Book Description
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.

Author: Edward Samuel Corwin
Publisher: General Books
ISBN: 9781458980717
Category :
Languages : en
Pages : 94

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Book Description
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.

Author: Edward S. Corwin
Publisher:
ISBN:
Category :
Languages : en
Pages : 177

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Book Description

Author: Edward Samuel Corwin
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 177

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Book Description

Author: EDWARD SAMUEL. CORWIN
Publisher:
ISBN: 9781033112045
Category :
Languages : en
Pages : 0

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Book Description

Author: Edward Samuel Corwin
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 200

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Book Description

Author: Horace A. Davis
Publisher:
ISBN: 9781331150220
Category : Political Science
Languages : en
Pages : 160

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Book Description
Excerpt from The Judicial Veto The three essays on judicial review which make up this book contribute each its share to the conclusion that deciding the constitutionality of statutes is a political and not a legal function. The tendency of courts as well as laymen to disregard this fundamental principle and to view the whole subject as a branch of jurisprudence has led to an intolerable political situation. That some change will be made becomes increasingly evident. The conviction that the subject, technical though it may be, is of vital and immediate importance to the body politic is my reason for publishing these essays. The first chapter attempts to sketch in untechnical language the present situation and the present tendency; the second proposes a common-sense remedy; the third is an historical study of the origin of judicial review in the federal Supreme Court. Under a strictly logical arrangement, the historical essay should come first; but its value is almost wholly academic, and it seemed better to give the more practical essays precedence. 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.

Author: Edward Samuel Corwin
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584770112
Category : Constitutional history
Languages : en
Pages : 190

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Book Description
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.