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catalog contributor b786340.
catalog created "1959.".
catalog date "1959".
catalog date "1959.".
catalog dateCopyrighted "1959.".
catalog description "2. Opposition to the review of state laws by state courts : Conflicts in Ohio and Kentucky ; Opinion of judge bland ; The dissenting opinion of justice Gibson ; The constitution is a law of superior obligation ; The power is necessary to uphold a written constitution ; Legislative acts are ipso facto void ; The refusal to execute an unconstitutional law ; The oath of judges to support the constitution ; Cases must be free from doubt ; Power rests with the people to keep legislation within constitutional limits -- ".
catalog description "I. Types and characteristics of governments in relation to judicial review of legislation : 1. Legal customs and practices which affect judicial review of legislation -- 2. Classification of governments in relation to judicial review of legislation : English systems of legislative supremacy ; French system of legislative supremacy ; Federal systems of Switzerland, Canada, and Australia ; Judicial review in Latin American nations -- 3.Types of judicial review : Customary methods of review of official action by courts ; American system of judicial review ; Supremacy of law in Anglo-Saxon jurisprudence ; American doctrine of judicial supremacy -- II. The legal and political background for the ideas leading to the review of legislative acts by the courts : 1. Doctrines of natural laws or fundamental laws ; English concepts of fundamental law ; French ideas of fundamental law ; American fundamental law concepts ; Doctrines of Vattel -- ".
catalog description "III. Development of the practice of judicial review of legislative acts in the colonial and revolutionary periods : 1. English procedure in administrative and judicial review of colonial acts : Administrative review and disallowance of acts by the privy council ; Judicial annulment of acts by the privy council ; The privy council as an appellate court -- 2. Judicial review and American doctrines of natural rights and fundamental laws : Argument of Otis and appeal to natural rights ; Written constitutions -- IV. Council of censors : 1. Supremacy of the legislatures in early state government -- 2. Councils of censors : Pennsylvania council ; Vermont council ; New York council of revision -- ".
catalog description "Includes bibliographical references (pages 663-677) and index.".
catalog description "Necessity to afford protection to minorities ; Protection to be accorded to property rights ; Written constitutions as fundamental laws ; Judges as guardians of written constitutions ; Coke's doctrine of the supremacy of the common law as interpreted by the courts ; Suggested limitations on judicial review -- X. Opposition to the theories and practice of judicial review of legislation in the state and federal governments : 1. Opposition to the review of acts of congress and of acts of state legislatures by the federal courts : Opinions of James Madison ; The views of Thomas Jefferson and of leading democrat-republicans -- ".
catalog description "V. Development of the practice of judicial review of legislative acts: state precedents prior to 1789 : 1. Case of Josiah Philips, Virginia, 1778 ; Holmes v. Walton, New Jersey, 1780 ; Commonwealth v. Caton, Virginia, 1782 ; Rutgers v. Waddington, New York, 1784 ; Symsbury case, Connecticut, 1785 ; Trevett v. Weeden, Rhode Island, 1786 ; Bayard v. Singleton, North Carolina, 1787 ; A Massachusetts precedent -- VI. The issue of judicial review of legislative acts in the federal and state conventions and in the judiciary act of 1789 : 1. Federal judicial authority during the revolutionary period ; Committee appeals to congress ; Judicial authority in relation to legislation in the Philadelphia convention ; Issue of judicial review in the debates over the ratification of the federal constitution ; The judiciary act of 1789 -- ".
catalog description "VII. Development of the practice of judicial review of legislative acts; state precedents after 1789 : 1. Ham v. McClaws, South Carolina, 1789 ; Gilman v. McClary, New Hampshire, 1791 ; Case of judges, Virginia, 1788-1789 ; Kamper v. Hawkins, Virginia, 1793 ; Bowman v. Middleton, South Carolina, 1792 ; Austin v. Trustees of the University of Pennsylvania, Pennsylvania, 1793 ; State v. -- , North Carolina, 1794 ; Respublica v. Duquet, Pennsylvania, 1799 ; Stidger v. Rogers, Kentucky, 1801 ; Whittington v. Polk, Maryland, 1802 ; State v. Parkhurst, New Jersey, 1802 ; White v. Kendrick, South Carolina, 1805 ; Trustees of the university of North Carolina v. Foy, North Carolina, 1805 ; Decisions in other states -- ".
catalog description "VIII. Development of the practice of judicial review of legislative acts: early federal precedents : 1. Hayburn's case, 1792 ; Chandler v. the secretary of war ; United States v. Yale Todd ; Vanhorne's Lessee v. Dorrance, 1795 ; Ware v. Hylton, 1796 ; Calder v. Bull, 1798 ; Cooper v. Telfair, 1800 ; Kentucky and Virginia resolutions ; Replies from the states ; Cases in inferior federal courts ; Marshall's opinion in the case of Marbury v. Madison, 1803 -- IX. Legal theories and principles involved in the establishment of the American doctrine of judicial review of legislative acts : 1. Doctrines of natural law and natural rights ; Distrust of legislative power ; Theory of the separation of powers ; Theory of checks and balances ;".
catalog description "XI. Opposition to the theories and practice of judicial review of legislation in the state and federal governments (continued) : 3. Resistance to the review of state acts by the federal courts : Conflict with Georgia ; Conflict with New Hampshire ; Contest with Pennsylvania ; Contest with Virginia ; Martin v. Hunter's Lessee ; Cohens v. Virginia ; Protest of Ohio ; Kentucky and Green v. Biddle ; Judicially construed limitations on the powers of the states ; The supreme court in defense of nationalism McCulloch v. Maryland -- XII. Judicial review and Jacksonian democracy : 1. Opposition to the federalist principles of constitutional interpretation : Views of Martin van Buren ; Second conflict with Georgia ; The attitude of president Jackson ; Change in the personnel of the Supreme Court ; Maintenance of the rights of the states ; Change in the attitude of state courts -- ".
catalog description "XIII. Politics and federal constitutional law : 1. The personnel of the court and dissenting opinions ; Federalist principles of politics made a part of American constitutional law -- XIV. Judicial review of legislation in the civil war period : 1. Lincoln and judicial supremacy : Dred Scott decision ; Judicial interference with the president's military administration -- 2. Federal courts and the policy of congress toward reconstruction -- 3. Results of changes in the personnel of the court legal tender cases -- XV. Change in the scope and the significance of judicial review of legislation : Restricted use of authority to review acts prior to 1860 ; Opinions favoring an extensive judicial review ; Due process of law and the extension of judicial review ; Results of the extension of the meaning of due process of law -- ".
catalog description "XVI. Recent criticisms of the practice of judicial review of legislative acts : Criticisms by dissenting justices ; Criticisms of labor leaders ; Usurpation theory and the opposition of liberals and radicals -- XVII. Proposals to remedy the defects in the American practice of judicial veto of legislation : Changing judicial decisions by constitutional amendments ; The requirement of an extraordinary majority to invalidate acts ; The principle of self-limitation ; Education of lawyers and judges ; Recall of judges and of judicial decisions ; Proposals to abolish judicial review ; Defense of judicial supremacy -- XVIII. Some theories and fictions involved in the application of judicial review of legislation : Mechanical application of law versus the theory of free legal decision ; Traditional defense of judicial review ; Legal fictions in the application of judicial review of legislation.".
catalog extent "705 p.".
catalog hasFormat "American doctrine of judicial supremacy.".
catalog identifier "0685335089".
catalog isFormatOf "American doctrine of judicial supremacy.".
catalog isPartOf "Publications of the University of California at Los Angeles in social sciences".
catalog issued "1959".
catalog issued "1959.".
catalog language "eng".
catalog publisher "New York, Russell & Russell,".
catalog relation "American doctrine of judicial supremacy.".
catalog spatial "United States.".
catalog subject "351.94".
catalog subject "JK1541.H3 1959".
catalog subject "Judicial review United States.".
catalog subject "KF4575 .H29 1959".
catalog tableOfContents "2. Opposition to the review of state laws by state courts : Conflicts in Ohio and Kentucky ; Opinion of judge bland ; The dissenting opinion of justice Gibson ; The constitution is a law of superior obligation ; The power is necessary to uphold a written constitution ; Legislative acts are ipso facto void ; The refusal to execute an unconstitutional law ; The oath of judges to support the constitution ; Cases must be free from doubt ; Power rests with the people to keep legislation within constitutional limits -- ".
catalog tableOfContents "I. Types and characteristics of governments in relation to judicial review of legislation : 1. Legal customs and practices which affect judicial review of legislation -- 2. Classification of governments in relation to judicial review of legislation : English systems of legislative supremacy ; French system of legislative supremacy ; Federal systems of Switzerland, Canada, and Australia ; Judicial review in Latin American nations -- 3.Types of judicial review : Customary methods of review of official action by courts ; American system of judicial review ; Supremacy of law in Anglo-Saxon jurisprudence ; American doctrine of judicial supremacy -- II. The legal and political background for the ideas leading to the review of legislative acts by the courts : 1. Doctrines of natural laws or fundamental laws ; English concepts of fundamental law ; French ideas of fundamental law ; American fundamental law concepts ; Doctrines of Vattel -- ".
catalog tableOfContents "III. Development of the practice of judicial review of legislative acts in the colonial and revolutionary periods : 1. English procedure in administrative and judicial review of colonial acts : Administrative review and disallowance of acts by the privy council ; Judicial annulment of acts by the privy council ; The privy council as an appellate court -- 2. Judicial review and American doctrines of natural rights and fundamental laws : Argument of Otis and appeal to natural rights ; Written constitutions -- IV. Council of censors : 1. Supremacy of the legislatures in early state government -- 2. Councils of censors : Pennsylvania council ; Vermont council ; New York council of revision -- ".
catalog tableOfContents "Necessity to afford protection to minorities ; Protection to be accorded to property rights ; Written constitutions as fundamental laws ; Judges as guardians of written constitutions ; Coke's doctrine of the supremacy of the common law as interpreted by the courts ; Suggested limitations on judicial review -- X. Opposition to the theories and practice of judicial review of legislation in the state and federal governments : 1. Opposition to the review of acts of congress and of acts of state legislatures by the federal courts : Opinions of James Madison ; The views of Thomas Jefferson and of leading democrat-republicans -- ".
catalog tableOfContents "V. Development of the practice of judicial review of legislative acts: state precedents prior to 1789 : 1. Case of Josiah Philips, Virginia, 1778 ; Holmes v. Walton, New Jersey, 1780 ; Commonwealth v. Caton, Virginia, 1782 ; Rutgers v. Waddington, New York, 1784 ; Symsbury case, Connecticut, 1785 ; Trevett v. Weeden, Rhode Island, 1786 ; Bayard v. Singleton, North Carolina, 1787 ; A Massachusetts precedent -- VI. The issue of judicial review of legislative acts in the federal and state conventions and in the judiciary act of 1789 : 1. Federal judicial authority during the revolutionary period ; Committee appeals to congress ; Judicial authority in relation to legislation in the Philadelphia convention ; Issue of judicial review in the debates over the ratification of the federal constitution ; The judiciary act of 1789 -- ".
catalog tableOfContents "VII. Development of the practice of judicial review of legislative acts; state precedents after 1789 : 1. Ham v. McClaws, South Carolina, 1789 ; Gilman v. McClary, New Hampshire, 1791 ; Case of judges, Virginia, 1788-1789 ; Kamper v. Hawkins, Virginia, 1793 ; Bowman v. Middleton, South Carolina, 1792 ; Austin v. Trustees of the University of Pennsylvania, Pennsylvania, 1793 ; State v. -- , North Carolina, 1794 ; Respublica v. Duquet, Pennsylvania, 1799 ; Stidger v. Rogers, Kentucky, 1801 ; Whittington v. Polk, Maryland, 1802 ; State v. Parkhurst, New Jersey, 1802 ; White v. Kendrick, South Carolina, 1805 ; Trustees of the university of North Carolina v. Foy, North Carolina, 1805 ; Decisions in other states -- ".
catalog tableOfContents "VIII. Development of the practice of judicial review of legislative acts: early federal precedents : 1. Hayburn's case, 1792 ; Chandler v. the secretary of war ; United States v. Yale Todd ; Vanhorne's Lessee v. Dorrance, 1795 ; Ware v. Hylton, 1796 ; Calder v. Bull, 1798 ; Cooper v. Telfair, 1800 ; Kentucky and Virginia resolutions ; Replies from the states ; Cases in inferior federal courts ; Marshall's opinion in the case of Marbury v. Madison, 1803 -- IX. Legal theories and principles involved in the establishment of the American doctrine of judicial review of legislative acts : 1. Doctrines of natural law and natural rights ; Distrust of legislative power ; Theory of the separation of powers ; Theory of checks and balances ;".
catalog tableOfContents "XI. Opposition to the theories and practice of judicial review of legislation in the state and federal governments (continued) : 3. Resistance to the review of state acts by the federal courts : Conflict with Georgia ; Conflict with New Hampshire ; Contest with Pennsylvania ; Contest with Virginia ; Martin v. Hunter's Lessee ; Cohens v. Virginia ; Protest of Ohio ; Kentucky and Green v. Biddle ; Judicially construed limitations on the powers of the states ; The supreme court in defense of nationalism McCulloch v. Maryland -- XII. Judicial review and Jacksonian democracy : 1. Opposition to the federalist principles of constitutional interpretation : Views of Martin van Buren ; Second conflict with Georgia ; The attitude of president Jackson ; Change in the personnel of the Supreme Court ; Maintenance of the rights of the states ; Change in the attitude of state courts -- ".
catalog tableOfContents "XIII. Politics and federal constitutional law : 1. The personnel of the court and dissenting opinions ; Federalist principles of politics made a part of American constitutional law -- XIV. Judicial review of legislation in the civil war period : 1. Lincoln and judicial supremacy : Dred Scott decision ; Judicial interference with the president's military administration -- 2. Federal courts and the policy of congress toward reconstruction -- 3. Results of changes in the personnel of the court legal tender cases -- XV. Change in the scope and the significance of judicial review of legislation : Restricted use of authority to review acts prior to 1860 ; Opinions favoring an extensive judicial review ; Due process of law and the extension of judicial review ; Results of the extension of the meaning of due process of law -- ".
catalog tableOfContents "XVI. Recent criticisms of the practice of judicial review of legislative acts : Criticisms by dissenting justices ; Criticisms of labor leaders ; Usurpation theory and the opposition of liberals and radicals -- XVII. Proposals to remedy the defects in the American practice of judicial veto of legislation : Changing judicial decisions by constitutional amendments ; The requirement of an extraordinary majority to invalidate acts ; The principle of self-limitation ; Education of lawyers and judges ; Recall of judges and of judicial decisions ; Proposals to abolish judicial review ; Defense of judicial supremacy -- XVIII. Some theories and fictions involved in the application of judicial review of legislation : Mechanical application of law versus the theory of free legal decision ; Traditional defense of judicial review ; Legal fictions in the application of judicial review of legislation.".
catalog title "The American doctrine of judicial supremacy.".
catalog type "text".