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Constitutions of 1875 and 1901; Paralleled, Annotated and Indexed, by James J. Mayfield

Constitutions of 1875 and 1901; Paralleled, Annotated and Indexed, by James J. Mayfield


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About the Book

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. 1904 Excerpt: ... office until the next general election in the county for Sheriff, as provided by law. ARTICLE VI. JUDICIAL DEPARTMENT. Sect1on 1. The judicial power of the State shall be vested in the Senate sitting as a Court of Impeachment, a Supreme Court, Circuit Courts, Chancery Courts, . law. because the higher law forbids the enactment of a given statute. This authority or power of the courts has been denied by many eminent jurists in the formative period of our laws, and is yet denied by some, though it isnow generally agreed that it is not only within the power and authority of the court so to do, but that it is the duty of the court to so declare void and unconstitutional acts, but the court will not declare a law void unless it becomes necessary to the determination of a pending case; it will not draw in such question collaterally; the question must be the very lis moda, such that the decision of the question is unavoidable.--Cooley Const. Lim., 196; Smith v. Speed, 50 Ala., 276; Mobile Co. v. State, 29 Ala., 573. Whenever the court attempts to substitute its judgment" for that of the Legislature, where the Constitution authorizes the Legislature to exercise judgment, the court then enters upon a field where it is impossible to set limits, and where its discretion is the only limitation to the extent of its interference. Courts are no more guardians of the rights of the people than are the legislators; an appeal from unjust and oppressive legislation should ibe made to the Legislature, and not to the court. Courts can. know nothing of public policy except from the Constitution and the statutes. Courts have no legislative powers; they cannot amend or modify statutes, or examine questions of ex 1901.--Art1cle VI. Courts, Courts of Probate, such courts of law ...


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Product Details
  • ISBN-13: 9781130090178
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 120
  • Spine Width: 6 mm
  • Width: 189 mm
  • ISBN-10: 1130090175
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 227 gr


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