The Development of the Constitution; As Influenced by Chief-Justice Marshall

The Development of the Constitution; As Influenced by Chief-Justice Marshall

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...attempts, or of resisting them by force. They maintain that the Constitution of the United States has provided no tribunal for the final construction of itself, or of the laws or treaties of the nation; but that this power may be exercised in the last resort by the courts of every State in the Union. That the Constitution, laws, and treaties, may receive as many constructions as there are States; and that this is not a mischief, or, if a mischief, is irremediable. These abstract propositions are to be determined; for he who demands decision without permitting inquiry, aflirms that the decision he asks does not depend on inquiry. If such be the constitution, it is the duty of the court to bow with respectful submission to its provisions. If such be not the constitution, it is equally the duty of this court to say so; and to perform that task which the American people have assigned to the judicial department." Step by step he proceeds, with perfect courtesy, but with remorseless logic, to rend asunder the network of technical argument with which it was sought to fetter the judicial power. Distinguishing the two great cla sses of jurisdiction under the Constitution, one arising from the character of the parties, regardless of the controversy, while the other depends on the nature of the controversy without regard to the parties, and comprehends, without exception, all cases in law and equity arising under the Constitution, laws, and treaties of the United States; and quoting the express provision that-- This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of...show more

Product details

  • Paperback | 24 pages
  • 189 x 246 x 1mm | 64g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236643488
  • 9781236643483