Government and Administration of the United States by William F. Willoughby;Westel W. Willoughby
page 74 of 158 (46%)
page 74 of 158 (46%)
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but confusion and contradiction could arise?
2. To settle disputes between the States and citizens of different States. 3. To construe and interpret the Constitution itself, and decide all disputes arising under it act of either Congress or of a State legislature contrary to the Constitution can therefore be valid. Hence, the necessity of some power which should have authority to determine the constitutionality of an act when brought into question, and-- 5. There should be the power of determining the constitutionality of any act of a State legislature, and thus enforce upon State legislatures the restrictions laid upon them, such as, for example, the inability to lay impost duties, to pass laws violating the obligation of contracts, etc., or to regulate objects given exclusively to Congress. The manifest necessity of such a power may be best stated by using Hamilton's own words (Federalist, 30): "What would avail restrictions on the authority of the State legislatures without some constitutional mode of enforcing the observance of them? The States, by the plan of the Constitution, are prohibited from doing a variety of things, some of which are incompatible with the interests of the Union; others with the principles of good government. The imposition of duties on imported articles, and the emission of paper money are specimens of this kind. No man of sense will believe that such prohibition would be scrupulously regarded, without some effectual power in the government to restrain or correct infractions of them. This power must be either a direct negative on the State laws, or an authority in the Federal courts to annul such as might |
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