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John Marshall and the Constitution; A Chronicle of the Supreme Court

John Marshall and the Constitution; A Chronicle of the Supreme Court


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About the Book

Excerpt: ... at the threshold of his real fame. Yet even thus early he had indicated his point of view. Thus in the case of the United States vs. Peters, which was decided in 1809, the question before the Court was whether a mandamus should issue to the United States District Judge of Pennsylvania ordering him to enforce, in the face of the opposition of the state Government, a decision handed down in a prize case more than thirty years before by the old Committee of Appeals of the Continental Congress. Marshall answered the question affirmatively, saying: "If the legislatures of the several states may, at will, annul the judgments of the courts of the United States and destroy the rights acquired under those judgments, the Constitution itself becomes a solemn mockery, and the nation is deprived of the means of enforcing its laws by the instrumentality of its own tribunals." Two famous decisions of Marshall's in this field are those in the Schooner Exchange vs. McFaddon et al, 7 Cranch, 116, and the case of the Nereide, 9 ib., 388. 5 Cranch, 136. Marshall's decision evoked a warm protest from the Pennsylvania Legislature and led to a proposal of amendment to the Constitution providing "an impartial tribunal" between the General Government and the States; and these expressions of dissent in turn brought the Virginia Assembly to the defense of the Supreme Court. "The commission to whom was referred the communication of the governor of Pennsylvania reads the Virginia document. are of the opinion that a tribunal is already provided by the Constitution of the United States, to wit; the Supreme Court, more eminently qualified from their habits and duties, from the mode of their selection, and from the tenure of their offices, to decide the disputes aforesaid in an enlightened and impartial manner than any other tribunal which could be created. "The members of the Supreme Court are selected from those in the United States who are most celebrated for virtue and...


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Product Details
  • ISBN-13: 9781153633031
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 52
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 1153633035
  • Publisher Date: 24 Aug 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 163 gr


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