Author : Lawrence Boyd Evans
Release : 2013-09
Genre : Constitutional law
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Book Rating : 829/5 ( reviews)

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Leading Cases on American Constitutional Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Leading Cases on American Constitutional Law write by Lawrence Boyd Evans. This book was released on 2013-09. Leading Cases on American Constitutional Law available in PDF, EPUB and Kindle. This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ... Marshall, C. J.... The first object of inquiry is, 1st. Has the applicant a right to the commission he demands?... The court finds that as Marbury's appointment was complete he has a right to the commission. This brings us to the second inquiry, which is, 2dly. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?... The court finds that they do. It remains to be inquired whether, 3dly. He is entitled to the remedy for which he applies. This depends on, 1st. The nature of the writ applied for; and, 2dly. The power of this court. 1st. The nature of the writ.... This, then, is a plain case for a mandamus, either to deliver the commission, or a copy of it from the record; and it only remains to be inquired, Whether it can issue from this court. The act to establish the judicial courts of the United States authorizes the supreme court "to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States...". The constitution vests the whole judicial power of the United States in one supreme court, and such inferior courts as congress shall, from time to time, ordain and establish.... In the distribution of this power it is declared that "the supreme court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party. In all other cases, the supreme court shall have appellate jurisdiction...". If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been...