Cover: Congress v. the Supreme Court, from Harvard University PressCover: Congress v. the Supreme Court in E-DITION

Congress v. the Supreme Court

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Product Details


$65.00 • £54.95 • €60.00

ISBN 9780674733725

Publication Date: 01/01/1969

424 pages


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  • Preface
  • 1 Introduction
  • 2. Historical Background
    • Fear of “Legislative Despotism”
    • “Limits” and “Checks” on Congress
    • Protection of Private Rights
    • Crosskey’s Presumption Against Judicial Review
      • Coke’s Influence
      • Blackstone’s Influence
      • The Influence of State “Precedents”
  • 3. The Federal Convention and Beard’s Tally
    • Remarks in the Convention
    • Remarks of Framers Outside the Convention
    • Implications of Judicial Independence
  • 4. The State Ratification Conventions
    • Connecticut
    • Massachusetts
    • Pennsylvania
    • Maryland
    • New York
    • North Carolina
    • Virginia
  • 5. The First Congress
  • 6. Current Arguments Against Judicial Review
    • Judicial “Self-Defense”
    • Prohibitions Alone Are Reviewable
    • The Constitution as “Law”
    • Who Was to Interpret the Constitution?
    • Finality of Judicial Interpretation
  • 7. The Constitutional Text and Judicial Review: “All Cases…Arising Under this Constitution”
  • 8. The Constitutional Text and Judicial Review: The Supremacy Clause–State Court Review
    • “In Pursuance Thereof”
    • “The Judges in Every State Shall Be Bound” and the “Oath” Provision
    • The Supremacy Clause Does Not Confer Jurisdiction
    • State Court Jurisdiction and Article III
    • State Court Review of State Laws: Its Implications for Review of Federal Laws
    • State Court Power to Declare Federal Laws Unconstitutional
    • Must State Courts Exercise Jurisdiction?
    • May Congress Constitutionally Create a Jurisdictional Vacuum?
  • 9. The Congressional Power to Make Exceptions to the Appellate Jurisdiction
  • 10. Sovereign Immunity: Withholding Consent to Suit on Constitutional Claims
  • 11. Conclusion
  • Appendix A: Dr. Bonham’s Case
  • Appendix Β: Treaties “Under The Authority of the United States”
  • Bibliography
  • Index of Cases
  • General Index

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