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The Establishment Of Judicial Review Ii, Edwin S. Corwin
The Establishment Of Judicial Review Ii, Edwin S. Corwin
Michigan Law Review
In tracing the establishment of judicial review subsequently to the inauguration of the national government it will be important to bear in mind that there are two distinct kinds of judicial review, namely, federal judicial review, or the power of the federal courts to review acts of the State legislatures under the United States Constitution, and Judicial review proper; or the power of the courts to pass upon the constitutionality of acts of the coordinate legislatures. That the Judiciary Act of 1789 contemplated, in the mind of its author, Ellsworth, the exercise of the power of review by the national …
The Gibbons V. Ogden Fetish, Fred'k H. Cooke
The Gibbons V. Ogden Fetish, Fred'k H. Cooke
Michigan Law Review
It was, we believe, Huxley who once said something to the effect that, as soon as one becomes an authority in science, he becomes a nuisance. In many a field of human activity, we find illustrations of the influence of a great name in retarding the progress of thought. Cuvier and Agassiz furnish notable instances in the realm of natural science. For centuries the great authority of Galen operated to paralyze progress in medicine. Still better known are instances of supposedly infallible individuals, or organizations, or writings, in retarding progress in theology. The same influence has notoriously operated in jurisprudence. …