Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Judiciary, power to annul unconstitutional laws, 7-9, 25, 42 sqq.,
70 sqq., 87 sqq., 109 sqq.;
former dependence upon the crown, 10, 17;
has no power over legislation in England and France, 11, 76, 77, 107;
importance recognized in Magna Carta, 13, 14;
defended against unjust criticism, 43 sqq., 130-158, 181, 193,
211-212;
government by, 45-46;
rules for determining the constitutionality of a statute, 45, 46, 52;
charged with having usurped power over legislation, 45, 70, 81;
examples of alleged abuse of power, 48-68;
cannot control legislative discretion, 52;
should avoid judicial legislation, 62, 135;
necessity of defending against unfair criticism, 69, 70,
126-128, 158;
must enforce the Bill of Rights, 77;
control over executive and administrative officers, 103-107,
111, 114;
necessity for confidence in, 126-128;
the bulwark of liberty, 128, 226;
independence of, 141, 142, 226;
not responsible for delays, 142-146.
_See_ Judges, Constitutional limitations, Injunctions, and Recall.
Judiciary, Federal, jurisdiction to enjoin state officers, 87,
108-110, 113, 117, 119;
efforts to curtail power of, 88, 125;
jurisdiction limited, 97;
power to annul state laws a necessity, 108, 109, 112, 116, 124-129;
compels the states to obey the Constitution, 113;
power to enjoin criminal prosecutions by the states, 117-119;
causes of dissatisfaction with, 126;
oath of office of judges, 127;
constituted as a bulwark of liberty, 128;
assaults upon, 128, 146-152;
issuance of injunctions in labor disputes, 213-217;
power to punish for contempt, 215-217.
_See also_ Supreme Court.
Jurisprudence, as a science, 13, 52.
Jury-trial, origin in Magna Carta, 15, 19-20;
early history, 19-20;
a right assured by the judicial power, 78;
not in cases of contempt, 215.
Justice, political justice secured by Magna Carta, 1, 4, 13-15;
the highest political liberty, 13;
uniformity and certainty essential in its administration, 13;
social justice, 43, 81-82;
delays in its administration, 125, 126, 142-146.
Knisley _vs._ Pratt, 137, 155.
Labor, competition of foreign workmen, 196, 197, 198;
conditions in 1896, 198-199.
_See_ Master and servant.
Labor laws, in New York, 50, 56, 58, 59, 137, 156.
Labor unions, attitude toward the courts, 131, 140-141;
some labor leaders, 131, 147, 212;
opposition to injunctions, 146-152.
Labourers, Statute of, 79.
Langford _vs._ United States, 103.
Langton, Stephen, 5, 12.
Public-domain text, read in full here on John Shaqi.
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