Proceedings of the Annual Meeting of the Association Volume 29

Proceedings of the Annual Meeting of the Association Volume 29

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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. 1908 edition. Excerpt: ...power to determine whether each act of the legislature is of binding effect or of no force whatever, it follows the legislature cannot enact laws. It can only propose laws which the judiciary reject or sanction according as the judges consider the Constitution has been obeyed or disregarded. Neither can the executive affect the citizen except through the courts. He cannot touch a hair of my head; he cannot regulate the clothes that I wear; the means of transportation I employ. The most he can do is to set the law in motion against me if I have violated its provisions. The result of such action on his part is determined ultimately by the judges alone. The judiciary is then the sanctuary in which the ark of our political covenant is deposited--the instrument by which the powers of government are not merely interpreted and denned, but the one through which they are enforced--made effective for the protection of all citizens, never allowed to be misused for the oppression of anyone among them. While we maitnain this political system, we are not free to elect between an independent judiciary and some other body as a final depositary of governmental power. The functions which have been exercised triumphantly by the courts in this respect, no other agency could discharge effectively. We must entrust the final protection of our government to an independent judiciary or we must abandon that form of government. There is no other alternative. Either the judiciary must be maintained in the position established for it through the evolution of our system, or else we must abolish the system itself. In the last analysis, the alternative before us then is preservation of the courts with the powers they have, or collapse of this Republican government as it...
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Product details

  • Paperback
  • 189 x 246 x 3mm | 132g
  • United States
  • English
  • black & white illustrations
  • 123692598X
  • 9781236925985