The Conflict Over Judicial Powers in the United States to 1870

Front Cover
The Lawbook Exchange, Ltd., 2001 - 180 pages

Haines shows the gradual development of judicial power and authority through this study of conflicting opinions over the right of the judiciary to nullify legislative acts, which includes discussion of resistance from the states, attitudes about the slavery controversy and the effects of Jacksonian democracy. This title was originally published in the Columbia University series Studies in History, Economics and Public Law.

Contents

Chapter I: Judicial Powers Before the Adoption of the Federal Constitution

Chapter II: Early Conflicts Over Judicial Nullification by Federal Courts

Chapter III: Extension of Federal Judicial Authority

Chapter IV: Conflicts Over the Extension of Judicial Authority

Chapter V: Principles of the Jacksonian Democracy

Chapter VI: Judicial Powers from 1856 to 1870

180 pp.

 

Selected pages

Other editions - View all

The Conflict Over Judicial Powers in the United States to 1870
Charles Grove Haines
Full view - 1909
The Conflict Over Judicial Powers: In the United States ..., Volume 35, Issue 1
Charles Grove Haines
Snippet view - 1970
The Conflict Over Judicial Powers in the United States to 1870 (1909)
Charles Grove Haines
No preview available - 2009
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Common terms and phrases

act of Congress adopted appeal argument asserted bill bills of attainder branch Cherokee Chief Justice Marshall Chief Justice Taney ciples circuit court cision citizen claimed common law conflict constitutionality construction contrary controversy Dallas decided declared democratic denied determine doctrine Douglas Dred Scott decision duty eleventh amendment established executive exercise favor federal Constitution federal courts federal judiciary Federalist Georgia governor granted habeas corpus Hamilton Hayburn's held Ibid independent interference Iredell issue James Iredell Jefferson judges judgment judicial authority judicial department judicial nullification judicial power jurisdiction jury Justice Gibson lative lature legis legislative acts legislative authority legislative power legislature liberty limits Lincoln Madison Marbury ment oath opinion Parliament party Pennsylvania Philadelphia convention political practice preme President principles provisions question regarded repugnant resistance resolutions Senate sovereign sovereignty statute submitted Supreme Court theory thought tion treaties tribunal unconstitutional United upheld usurpation validity Virginia void Wheaton writ written constitution

Popular passages

Page 19 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.‎
Appears in 617 books from 1741-2008
Page 13 - ... there can be but one supreme power which is the legislative, to which all the rest are and must be subordinate, yet, the legislative being only a fiduciary power to act for certain ends, there remains still in the people a supreme power to remove or alter the legislative when they find the legislative act contrary to the trust reposed in them...‎
Appears in 363 books from 1764-2008

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Bibliographic information

TitleThe Conflict Over Judicial Powers in the United States to 1870
Volume 92 of Print Networks
Studies in history, economics, and public law
AuthorCharles Grove Haines
Editionreprint
PublisherThe Lawbook Exchange, Ltd., 2001
ISBN1584770805, 9781584770800
Length180 pages
  
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