Publisher's Synopsis
Excerpt from The Supreme Court of the United States, With a Review of Certain Decisions Relating: To Its Appellate Power Under the Constitution
This critique is not a general dissertation upon the ju dicial interpretation of the Constitution. The author is too much in sympathy and accord with the salient features of that interpretation in its usual application to the provi sions of our organic law, to indulge in any general eriti cism. There are, however, a few important decisions of the court of last resort, in which it has declined to exercise its appellate jurisdiction; and as this special interpretation of the judicial power is equivalent to a refusal of the court in many cases to act as a check upon the official action of the executive and Congress, this work is principally composed of a series of strictures upon those particular decisions. That the nature and gravity of the conclusions involved in some of these decisions are startling in their possible consequences, must be quite apparent when an eminent professor of Colum bia University deems himself justified in announcing in a public address as their legitimate result that Congress has the power under the Constitution to wipe away the appel late powers of the Supreme Court whenever such action may be deemed expedient. The object of this critical review is to show that while there is too much truth in the charge that such decisions have been made, there is no foundation for the decisions in the Constitution.
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