The Doctrine of Judicial Review

Provocative Essays on Judicial Review. This book contains five historical essays, three of them on the concept of "judicial review," which is defined as the power and duty of a court to disregard ultra vires legislative acts. • In "Marbury v. Madison and the Doctrine of Judicial Review," Corwin asks: "What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress?" • "We, the People" examines the issues of secession and nullification. • "The Pelatiah Webster Myth" demolishes Hannis Taylor"s thesis that Webster was the "secret" author of the United States Constitution. • "The Dred Scott Decision" considers Chief Justice Taney"s argument concerning Scott"s title to citizenship under the Constitution. • "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties. Edward S. Corwin [1878-1963] succeeded Woodrow Wilson as the McCormick Professor of Jurisprudence at Princeton...