An Essay on Judicial Power and Unconstitutional Legislation: Being a Commentary on Parts of the Constitution of the United StatesCoxe's main argument is that the "Constitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordingly" (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law. |
Contents
1 | |
24 | |
The plan of this essay | 42 |
Swiss public law on the subject | 84 |
Division E Observations upon these cases | 102 |
The jus legum of the Roman republic | 105 |
The Canon law in England on the subject | 115 |
Their intentions as to the State courts | 144 |
Trevett v Weeden | 234 |
Bayard v Singleton | 240 |
The foregoing cases further considered | 266 |
PART III | 272 |
Nos 38 Certain acts of the Federal congress concerning | 284 |
Origin of the pursuance clause of paragraph 2 | 290 |
Same subject continued | 308 |
The Framers intentions as to the Supreme Court | 331 |
The doctrine concerning void statutes | 171 |
The effect of his view in legal history | 177 |
Legislation for the colonies by prerogative | 190 |
Colonial laws void for repugnancy to the laws of England | 197 |
PART II | 218 |
Appeals from the inferior U S courts to the Supreme | 350 |
APPENDICES | 361 |
Appendix No 1 | 369 |
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An Essay on Judicial Power and Unconstitutional Legislation: A Commentary on ... Brinton Coxe No preview available - 2017 |
Common terms and phrases
according act of Congress act of parliament American appeal Assembly authority Bayard binding Blackstone's Canon law chapter church Coke's colonial law Commentary Common law common seal concerning confederation conflicts consti constitutions of Clarendon contrary convention decided decision declared doctrine draft enacted Essay execution exercise existing express expressly extrajudicial foregoing Framers held important intentions judges judicial competency judicial power judiciary jurisdiction Justice king in council king's land law of nations laws of England Lechmere legislative power letter of Congress letters patent Madison Marbury matter nonobstante clause North Carolina null and void observed opinion paragraph petitioner prerogative proposition pursuance question relation repeal repugnant resolution Rhode Island Roman seal Superior Court thereof things tion treaty of peace Trevett trial by jury tribunals tution U. S. constitution U. S. Supreme Court unconstitutional Union United unwritten validity Varnum vigour Weeden words written constitution