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Constitutional Law

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Constitution

Institution
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Articles 901 - 904 of 904

Full-Text Articles in Law

Changing Legal Order, Floyd R. Mechem Jan 1917

Changing Legal Order, Floyd R. Mechem

Michigan Law Review

I must, I suppose, be considered a dull age which does not have its loyal chronicler who arises to affirm that it is the greatest and most important age in the history of the world. There have been many great periods. Some of them doubtless antedate historic times. Many of these ages doubtless were unconscious of their own importance. Picture to yourself the time when primitive man first learned to make and control a fire. How it differentiated him from all other animals! Not even yet, so far as I am aware, does even the most advanced non-human animal build …


Martial Law And The English Constitution, Harold M. Bowman Dec 1916

Martial Law And The English Constitution, Harold M. Bowman

Michigan Law Review

On August 7th, 1914, three days after Great Britain had dedared war, a momentous statute, called the Deference of the Realm Act, was passed through the House of Commons with lightning speed, without a word of protest, in that spirit of decision and confidence which has marked the war measures of this Parliament.


The Establishment Of Judicial Review Ii, Edwin S. Corwin Feb 1911

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 Establishment Of Judicial Review (I), Edwin S. Corwin Dec 1910

The Establishment Of Judicial Review (I), Edwin S. Corwin

Michigan Law Review

When Gladstone described the Constitution of the United States as "the most wonderful work ever struck off at a given time by the brain and purpose of man," his amiable intention to flatter was forgotten, while what was considered his gross historical error became at once a theme of adverse criticism. Their contemporaries and immediate posterity regarded the work of the Constitutional Fathers as the inspired product of political genius and essentially as a creation out of hand. Subsequently, due partly to the influence of the disciples of Savigny in the field of legal history, partly to the sway of …