Studies in the Constitutional History of Tennessee [microform]

Cover Studies in the Constitutional History of Tennessee [microform]
Studies in the Constitutional History of Tennessee [microform]
Joshua W Joshua William Caldwell
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It should be stated that while in 1796 the question of the power of the Federal and State Supreme Courts to pass upon the constitutionality of legislation was practically settled, so far as the courts and the lawyers were concerned, Robertson and many of his associates were not lawyers, and the American people had yet to learn the great service that an independent judiciary is capable of rendering. It should have been plain to any one however that a court created by the Legislature and subject ...to abolition in the same manner, was not an independent body, and certainly not co-ordinate with the law-making power.
It is familiar history that the Legislatures of the States were extremely reluctant* to admit the right of the courts to set aside their Acts, and when the 150 CONSTITUTIONAL HISTORY.
Legislature and the courts of Tennessee came into opposition there was serious danger that the existing courts would be abolished and others created. This would have been a most unfortunate subordination of the judicial to the legislative power, and at present, would not be tolerated in any State.


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