Cases On Constitutional Law. With Notes Pt. 1
Cases On Constitutional Law. With Notes Pt. 1
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We are much too apt to think of the judicial power of disregarding the acts of the other departments as our only protection against oppression and ruin. But it is remarkable how small a part this played in any of the debates. The chief protections were a wide suffrage, short terms of office, a double legislative cham- ber, and the so-called executive veto. There was, in general, the greatest unwill- ingness to give the judiciary any share in the law-making power. In New York, however, the Const...itution of 1777 provided a Council of Revision, of whicli sev- eral of the judges were members, to whom all legislative Acts should be submitted before they took effect. That existed for more than forty years, giving way in the Constitution of 1821 to the common expedient of merely requiring the approval of the executive, or in the alternative, if he refused it, the repassing of the Act, perhaps by an increased vote, by both branches of the legislature. In Pennsylvania (Const, of 1776, § 47) and Vermont (Const, of 1777, § 44) a Council of Censors was provided for, to be chosen every seven years, who were to investigate the conduct of affairs, and point out, among other things, all violations of the Constitution by any of the departments.
What to read after Cases On Constitutional Law. With Notes Pt. 1?
You can find similar books in the "Read Also" column, or choose other free books by James Bradley Thayer to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
We are much too apt to think of the judicial power of disregarding the acts of the other departments as our only protection against oppression and ruin. But it is remarkable how small a part this played in any of the debates. The chief protections were a wide suffrage, short terms of office, a double legislative cham- ber, and the so-called executive veto. There was, in general, the greatest unwill- ingness to give the judiciary any share in the law-making power. In New York, however, the Const...itution of 1777 provided a Council of Revision, of whicli sev- eral of the judges were members, to whom all legislative Acts should be submitted before they took effect. That existed for more than forty years, giving way in the Constitution of 1821 to the common expedient of merely requiring the approval of the executive, or in the alternative, if he refused it, the repassing of the Act, perhaps by an increased vote, by both branches of the legislature. In Pennsylvania (Const, of 1776, § 47) and Vermont (Const, of 1777, § 44) a Council of Censors was provided for, to be chosen every seven years, who were to investigate the conduct of affairs, and point out, among other things, all violations of the Constitution by any of the departments.
What to read after Cases On Constitutional Law. With Notes Pt. 1?
You can find similar books in the "Read Also" column, or choose other free books by James Bradley Thayer to read onlineMoreLess
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