Power of Federal Judiciary Over Legislation; Its Origin, the Power to Set Aside Laws, Boundaries of the Power, Judicial Independence, Existing Evils and Remedies (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1912. Not illustrated. Excerpt: ... emphasis the plain intent of members of the Convention until the culmination was reached in section 2, Article VI., and its twin text, section 2, Article III. The imperative need of some comprehensive check upon State action if a government were to be founded, the paramount importance of the creation of a tribunal to construe the Constitution, the laws, and the treaties made by the United States, and thus to avoid thirteen varying and divergent interpretations, was obvious, and the Convention would have failed to effect one of its prime objects had this result not been achieved. Its records show that it discarded the proposed legislative negative after due reflection and discussion, and that it substituted the broad judicial power after similar intelligent study. EVOLUTION OF THE "SUPREME LAW" CLAUSE FROM THE MARTIN RESOLUTION The precise language of the Martin resolution was referred to the committee of detail. In that committee it was changed to read as follows: The acts of the legislature of the United States made in pursuance of this constitution, and all treaties made under the authority of the United States shall be the supreme law of the several states, and of their citizens and inhabitants; and the judges in the several states shall be bound thereby in their decisions; anything in the constitution or laws of the several states to the contrary notwithstanding.1 1 Farrand, Record of the Convention, ii., 169. The report of the committee of detail was considered in the Convention on August 6th, when the foregoing paragraph was read. The report was taken up article by article. August 23d, Rutledge moved to amend the supreme law article as reported by the committee of detail so that it should read as follows: This constitution and the laws of the United States...