Johns Hopkins University Studies in Historical and Political Science; Extra Volumes Volume 7

Johns Hopkins University Studies in Historical and Political Science; Extra Volumes Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1890 edition. Excerpt: ...a suit against a State.... It is then not within the amendment, but is governed entirely by the constitution as originally framed, and we have already seen, that in its origin, the judicial power was extended to all cases arising under the constitution or laws of the United States, without respect to parties." Bearing upon the second point made by Virginia, that the appellate jurisdiction of the court could not be exercised over the judgment of a State court, Marshall said: "We think that in a government acknowledged supreme with respect to objects of vital interest to the nation, there is nothing inconsistent with sound reason, nothing incompatible with the nature of government, in making all its departments supreme, so far as respects those objects, and so far as is necessary to their attainment. The exercise of the appellate power of those judgments of the state tribunals which may contravene the constitution or laws of the United States, is, we believe, essential to the attainment of those objects." Before this he had said: "There is certainly nothing in the circumstances under which our constitution was formed; nothing in the history of the times, which would justify the opinion that the confidence reposed in the States was so implicit as to leave in them and their tribunals the power of resisting or defeating in the form of law, the legitimate measures of the Union. The requisitions of Congress, under the Confederation, were as constitutionally obligatory as the laws enacted by the present Congress. That they were habitually disregarded, is a fact of universal notoriety. With the knowledge of this fact, and under its full pressure, a convention was assembled to change the system." Further, Chief Justice...
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Product details

  • Paperback
  • 189 x 246 x 2mm | 86g
  • English
  • Illustrations, black and white
  • 1236975340
  • 9781236975348