'To Save the People from Themselves' The Emergence of American Judicial Review and the Transformation of Constitutions
Book contents
- “To Save the People from Themselves”
- Cambridge Historical Studies in American Law and Society
- “To Save the People from Themselves”
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part One Legislatures and Legislation under the First American Constitutions
- Part Two The Emergence of American Judicial Review: 1779–1787
- Part Three Judicial Review at the Federal Convention
- Index
Introduction
Published online by Cambridge University Press: 17 September 2021
Book contents
- “To Save the People from Themselves”
- Cambridge Historical Studies in American Law and Society
- “To Save the People from Themselves”
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- Part One Legislatures and Legislation under the First American Constitutions
- Part Two The Emergence of American Judicial Review: 1779–1787
- Part Three Judicial Review at the Federal Convention
- Index
Summary
Most historians trace the immediate origins of American judicial review to a series of half a dozen cases that arose in half a dozen states during the 1780s. In these cases, lawyers began to argue that such and such a state statute was unconstitutional, and that the judges should not consider it law in reaching their decisions. In several of these cases, the judges agreed, and proceeded to take what a number of contemporaries regarded as the unprecedented step of “dispensing with”
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- 'To Save the People from Themselves'The Emergence of American Judicial Review and the Transformation of Constitutions, pp. 1 - 30Publisher: Cambridge University PressPrint publication year: 2021