Reorganization of the Federal Judiciary: Extract from Hearings Before the Committee on the Judiciary, United States Senate, Seventy-fifth Congress, First Session, on S. 1392, a Bill to Reorganize the Judicial Branch of the GovernmentU.S. Government Printing Office, 1937 - 26ÆäÀÌÁö |
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166 ÆäÀÌÁö
... Haines . And for Friday , Dean Charles E. Clark and William Draper Lewis . And on Saturday , they give Judge Ferdi- nand Pecora and Dean Thomas F. Konop . I am just wondering if we may rely upon those statements as to the witnesses ...
... Haines . And for Friday , Dean Charles E. Clark and William Draper Lewis . And on Saturday , they give Judge Ferdi- nand Pecora and Dean Thomas F. Konop . I am just wondering if we may rely upon those statements as to the witnesses ...
166 ÆäÀÌÁö
... REORGANIZATION OF THE FEDERAL JUDICIARY WEDNESDAY , MARCH 17 ,. atement of- Edward S. Corwin . Leon Green Thomas F. Konop- William Draper Lewis .. Charles Grove Haines . Irving Brant Hon . Ferdinand Pecora- Hon . William Denman_ . CONTENTS.
... REORGANIZATION OF THE FEDERAL JUDICIARY WEDNESDAY , MARCH 17 ,. atement of- Edward S. Corwin . Leon Green Thomas F. Konop- William Draper Lewis .. Charles Grove Haines . Irving Brant Hon . Ferdinand Pecora- Hon . William Denman_ . CONTENTS.
211 ÆäÀÌÁö
... Haines de- votes a chapter to the discussion of cases and precedents before 1789 wherein 133066-37 - pt . 2- -4 the doctrine of judicial review of legislative acts was involved REORGANIZATION OF THE FEDERAL JUDICIARY 211.
... Haines de- votes a chapter to the discussion of cases and precedents before 1789 wherein 133066-37 - pt . 2- -4 the doctrine of judicial review of legislative acts was involved REORGANIZATION OF THE FEDERAL JUDICIARY 211.
212 ÆäÀÌÁö
... Haines states that the list of cases referred to " * is not intended to be exhaustive for historians are still finding data on new cases— but representative precedents are selected which were known and recognized as instances involving ...
... Haines states that the list of cases referred to " * is not intended to be exhaustive for historians are still finding data on new cases— but representative precedents are selected which were known and recognized as instances involving ...
213 ÆäÀÌÁö
... Haines , in his American Doctrine of Judicial Supremacy , refers to the extent of judicial review in colonial times , and states ( p . 49 ) : " The extent to which such an administrative review was exercised is shown by the fact that of ...
... Haines , in his American Doctrine of Judicial Supremacy , refers to the extent of judicial review in colonial times , and states ( p . 49 ) : " The extent to which such an administrative review was exercised is shown by the fact that of ...
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acts of Congress administration American answer appeals appointed Attorney General CUMMINGS believe bill BRANT BRENCKMAN Certainly certiorari CHAIRMAN Chief Justice clause committee constitutional amendment constitutional questions constitutionality CORWIN course decision declared DEVANEY DODDS economic enacted EVERSON executive fact favor Federal going Government Grange GREEN GRISWOLD HAINES interpretation Judge PECORA judgment judicial review judiciary jurisdiction KONOP labor lawyers legislation legislature LEMKE liberty litigation majority matter mean ment MILLER mind MOLEY National Grange opinion pack the Court pass political present President Professor reason reference retire Senator AUSTIN Senator BORAH Senator BURKE Senator CONNALLY Senator DIETERICH Senator HATCH Senator HUGHES Senator KING Senator LOGAN Senator MCGILL Senator NEELY Senator NORRIS Senator O'MAHONEY Senator PITTMAN Senator STEIWER Senator VAN NUYS Senator WHEELER statement statute Supreme Court TABER thing tion tution uncon unconstitutional understand United vote witness
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187 ÆäÀÌÁö - We are under a Constitution, but the Constitution is what the judges say it is.
410 ÆäÀÌÁö - The act invades the reserved rights of the states. It is a statutory plan to regulate and control agricultural production, a matter beyond the powers delegated to the federal government. The tax, the appropriation of the funds raised, and the direction for their disbursement, are but parts of the plan. They are but means to an unconstitutional end.
562 ÆäÀÌÁö - The other is that while unconstitutional exercise of power by the executive and legislative branches of the government is subject to judicial restraint, the only check upon our own exercise of power is our own sense of self-restraint.
798 ÆäÀÌÁö - I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers.
85 ÆäÀÌÁö - The doctrine of the separation of powers was adopted by the Convention of 1787, not to promote efficiency but to preclude the exercise of arbitrary power. The purpose was, not to avoid friction, but, by means of the inevitable friction incident to the distribution of the governmental powers among three departments, to save the people from autocracy.
223 ÆäÀÌÁö - If they were to make a law not warranted by any of the powers enumerated, it would be considered by the judges as an infringement of the Constitution, which they are to guard ; they would not consider such a law as coming under their jurisdiction. They would declare it void.
413 ÆäÀÌÁö - At the same time the candid citizen must confess that if the policy of the government upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal.
539 ÆäÀÌÁö - Until the people have by some solemn and authoritative act annulled or changed the established form, it is binding upon themselves collectively, as well as individually; and no presumption, or even knowledge of their sentiments, can warrant their representatives in a departure from it, prior to such an act.
460 ÆäÀÌÁö - It is but a decent respect due to the wisdom, the integrity, and the patriotism of the legislative body by which any law is passed, to presume in favor of its validity, until its violation of the constitution is proved beyond all reasonable doubt.
289 ÆäÀÌÁö - I see in the near future a crisis approaching that unnerves me and causes me to tremble for the safety of my country. As a result of the war, corporations have been enthroned and an era of corruption in high places will follow, and the money power of the country will endeavor to prolong its reign by working upon the prejudices of the people until all the wealth is aggregated in a few hands and the Republic is destroyed.