ESSAY ON JUDICIAL POWER AND UNCONSTITUTIONAL LEGISLATION: BEING A COMMENTARY ON PARTS OF THE CONSTITUTION OF THE UNITED STATES.
Item #: 4224
Published: Union; Lawbook Exchange, Ltd.; 2005.
Subjects: CANON LAW, CONSTITUTIONAL LAW, ROMAN LAW
Coxe's main argument is that the "Constitution containsexpress texts providing for judicial competency to decidequestioned legislation to be constitutional orunconstitutional and to hold it valid or void accordingly"(4). There are four subordinate arguments: First, that theframers of the constituion specifically granted the courtsthe power to hold a law unconstitutional by dint of theSupremacy Clause and by Article III, Section 2 definingjudicial power. Second, that documents written before theconstitution were influential in framing the text andestablishing the idea of judicial review. The third looks atthe court's power to rule on unconstitutionality. The fourthfinds analogies and precedents in foreign law, includingRoman and Canon Law. Reprinted by The Lawbook Exchange,Ltd. Distributed by William S. Hein & Co., Inc.
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