An Essay on Judicial Power and Unconstitutional Legislation

An Essay on Judicial Power and Unconstitutional Legislation

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Coxe's main argument is that the qConstitution contains express texts providing for judicial competency to decide questioned legislation to be constitutional or unconstitutional and to hold it valid or void accordinglyq (4). There are four subordinate arguments: First, that the framers of the constitution specifically granted the courts the power to hold a law unconstitutional by dint of the Supremacy Clause and by Article III, Section 2 defining judicial power. Second, that documents written before the constitution were influential in framing the text and establishing the idea of judicial review. The third looks at the era before and during the confederation with an eye toward the court's power to rule on constitutionality. The fourth argument finds analogies and precedents in foreign law, including Roman and Canon law.The answer to this question requires a consideration of the great case of Winthrop v. Lechmere. No. 7. ... Lechmere was this.f General Wait Winthrop of Boston in Massachusetts, died intestate leaving a son John Winthrop, Esq., of New Londonanbsp;...

Title:An Essay on Judicial Power and Unconstitutional Legislation
Author:Brinton Coxe
Publisher:The Lawbook Exchange, Ltd. - 2005-01-01


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