The Supreme Court And The Constitutionality Of Retroactive Legislation

Author : Blaine Free Moore
Publisher : Forgotten Books
ISBN 13 : 9781333421878
Total Pages : 164 pages
Book Rating : 4.4/5 (218 download)

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Download or read book The Supreme Court and Unconstitutional Legislation (Classic Reprint) written by Blaine Free Moore and published by Forgotten Books. This book was released on 2016-08-31 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from The Supreme Court and Unconstitutional Legislation In the text, though state cases have been discussed, an analysis has been made only of the federal statutes held void by the Supreme Court, but in the appendices an attempt has been made to list all cases in which state enactments were declared unconstitutional, by the same court, because of con ict with the federal con stitution. It has been found very difficult to compile even an approximately correct list. Not only are the cases in question scattered among a large number of others, but additional difficulties were encountered. In some instances the information given in the official re ports is scarcely sufficient to determine with exactness whether a statute has been annulled, or whether only an interpretation of it has been given. In other cases a statute has not been held void in words, but the judgment is in opposition to the statute and the result is to de stroy the force of the act. In a considerable number of cases the act directly complained of and checked was that of an administrative body, but as in the majority of instances the state courts had previously held that such action was authorized by law, the conclusion is that a statute was in whole or in part held void. Also in vari ous of the cases listed statutes were held to be void only as they applied to particular facts or a particular set of facts. In all instances, however, the activities of a state were checked, (which is really the important fact), be cause of con ict with the federal constitution, though in some few cases possibly a statute was not technically annulled. The list given may serve as a basis, and later investigations may correct any errors of omission or commission. The list has, however, been carefully checked, and, within the limits set forth above, an attempt has been made to have it as accurate as possible. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works."