Power of Congress to Nullify Supreme Court DecisionsDormin J. Ettrude H.W. Wilson Company, 1924 - 106 sider |
Vanlige uttrykk og setninger
15th Amendment action acts of Congress adopted amendment American Federationalist American Law Review American Political Science authority Bar Association blic Chief Justice Child labor law cial Clark conflict Consti constitutionality convention courts to declare current file decisions declare an act declare laws due process duty election electors enact England erican executive exercise Federal Constitution Federal courts Federal government framers functions Govt gress gressional Record Hayburn's held income tax judges judi judicial control judicial power Judicial supremacy Judicial veto judiciary La Follette legis legislative acts Legislative Departments legislature liberty limits Madison majority Marbury Marshall ment Montesquieu North American Review nullify overruled Parliament passed Political Science Quarterly Political Science Review popular power of Congress preme court present President provision question rule Senate Sess social Supreme Court Sylvester Pennoyer T. R. Powell tion tional tution uncon usurpation void vote Washington written constitutions York
Populære avsnitt
Side 78 - Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature repugnant to the Constitution, is void. This theory is essentially attached to a written constitution, and is consequently to be considered, by this court, as one of the fundamental principles of our society.
Side 77 - The question whether an Act repugnant to the Constitution can become the law of the land, is a question deeply interesting to the United States ; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognize certain principles, supposed to have been long and well established, to decide it.
Side 102 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid.
Side 102 - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or comformably...
Side 32 - And be it further enacted that any Federal marshal, attempting to levy on the territory of this State, or on the treasury, by virtue of an execution, by the authority of the Supreme Court of the United States, for the recovery of any claim against the said State of Georgia shall be guilty of felony, and shall suffer death, without benefit of clergy, by being hanged.
Side 87 - It has no jurisdiction to pronounce any statute, either of a State or of the United States, void, because irreconcilable with the Constitution, except as it is called upon to adjudge the legal rights of litigants in actual controversies, in the exercise of that jurisdiction, it is bound by two rules, to which it has rigidly adhered, one, never to anticipate a question of constitutional law in advance of the necessity of...
Side 79 - If an act of the legislature repugnant to the Constitution is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect?
Side 65 - He disapproved of the doctrine that the judges, as expositors of the Constitution, should have authority to declare a law void. He thought laws ought to be well and cautiously made, and then to be uncontrollable.
Side 53 - A land of settled government, A land of old and just renown, Where freedom slowly broadens down From precedent to precedent.
Side 103 - I take it to be a clear position; that if a legislative act oppugns a constitutional principle, the former must give way, and be rejected on the score of repugnance. I hold it to be a position equally clear and sound, that, in such case, it will be the duty of the court to adhere to the Constitution, and to declare the act null and void.