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"Gibbons v. Ogden," Law, and Society in the Early Republic , and: Law and Judicial Duty , and: Legislating the Courts: Judicial Dependence in Early National New Hampshire (review)

"Gibbons v. Ogden," Law, and Society in the Early Republic , and: Law and Judicial Duty , and:... R EVIEWS E D I T E D B Y D AV I D WA L D S T R E I C H E R A N D J O N AT H A N D A N I E L W E L L S ``Gibbons v. Ogden,'' Law, and Society in the Early Republic. By Thomas H. Cox. (Athens: Ohio University Press, 2009. Pp. 262. Cloth, $44.95; Paper, $26.95.) Law and Judicial Duty. By Philip Hamburger. (Cambridge, MA: Harvard University Press, 2008. Pp. 686. Cloth, $51.50.) Legislating the Courts: Judicial Dependence in Early National New Hampshire. By John Phillip Reid. (DeKalb: Northern Illinois University Press, 2008. Pp. 224. Cloth, $34.00.) Reviewed by Jack Fruchtman, Jr. The three books under consideration here continue a debate that has long preoccupied American historians and political scientists: If the framers of the Constitution wanted to create an independent federal judiciary, why did they not include in Article III the courts' authority to review legislative and executive actions to determine their constitutionality? For many scholars and commentators, the power of federal judges, especially members of the Supreme Court, to declare state and federal laws and executive actions unconstitutional is simply http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of the Early Republic University of Pennsylvania Press

"Gibbons v. Ogden," Law, and Society in the Early Republic , and: Law and Judicial Duty , and: Legislating the Courts: Judicial Dependence in Early National New Hampshire (review)

Journal of the Early Republic , Volume 31 (2) – Apr 21, 2011

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University of Pennsylvania Press
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Copyright © University of Pennsylvania Press
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Abstract

R EVIEWS E D I T E D B Y D AV I D WA L D S T R E I C H E R A N D J O N AT H A N D A N I E L W E L L S ``Gibbons v. Ogden,'' Law, and Society in the Early Republic. By Thomas H. Cox. (Athens: Ohio University Press, 2009. Pp. 262. Cloth, $44.95; Paper, $26.95.) Law and Judicial Duty. By Philip Hamburger. (Cambridge, MA: Harvard University Press, 2008. Pp. 686. Cloth, $51.50.) Legislating the Courts: Judicial Dependence in Early National New Hampshire. By John Phillip Reid. (DeKalb: Northern Illinois University Press, 2008. Pp. 224. Cloth, $34.00.) Reviewed by Jack Fruchtman, Jr. The three books under consideration here continue a debate that has long preoccupied American historians and political scientists: If the framers of the Constitution wanted to create an independent federal judiciary, why did they not include in Article III the courts' authority to review legislative and executive actions to determine their constitutionality? For many scholars and commentators, the power of federal judges, especially members of the Supreme Court, to declare state and federal laws and executive actions unconstitutional is simply

Journal

Journal of the Early RepublicUniversity of Pennsylvania Press

Published: Apr 21, 2011

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