The Law Student's Helper; A Monthly Magazine for the Student in and Out of Law School Volume 9

The Law Student's Helper; A Monthly Magazine for the Student in and Out of Law School Volume 9

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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. 1901 edition. Excerpt: ... hat the court should act on Marshall's doctrine, but that reliance should be had upon the will of the people to elect a new Congress to undo unconstitutional laws. I hope that I am wrongly informed on this point. jurists, statesmen and publicists, the world over, have esteemed it the unique and felicitous feature of our constitution that, as Marshall adjudged, the Supreme Court is the common arbiter between the different political bodies existing under it. Calhoun. in his nullification resolutions of I833. declared the government a mere compact between sovereign parties without any common judge. RESTRICTING STATE SOVEREIGNTIES. Another proposition determined by Marshall not long after was that so much of Ellsworth's judiciary act as gave the Supreme Court appellate jurisdiction over a State tribunal was well warranted by the constitution; thus holding in Cohens vs. Virginia and denying the contrary doctrine of the Court of Appeals of his own State. In Fletcher vs. Peck Marshall ruled that a grant of lands by a State is a contract, protected by the constitution. He said that the people, in adopting the constitution, intended to restrict the State-sovereignties in order to shield the people and their property from violence. So that the constitution, he said contains what may be deemed a bill of rights for the people of each State. These are indeed pregnant vords! Joseph Story and I. Q. Adams were counsel in that case. We must omit any reference to many important cases determined by-Marshall in almost every branch of jurisprudence. especially in maritime cases, and must restrict ourselves to a hasty reference to some other constitutional cases. The trend of his decis ions was steadily in support of the powers of the overnment more

Product details

  • Paperback | 50 pages
  • 189 x 246 x 3mm | 109g
  • United States
  • English
  • black & white illustrations
  • 1236936884
  • 9781236936882