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9 - The Struggle Between Traditional Constitutionalism and the Constitution of Judicial Review in North Carolina: The Case of Bayard v. Singleton, 1786–1787, and Its Aftermath

from II - The Emergence of American Judicial Review, 1784–1787: Developing Judicial Review as a Check on Legislatures and on the People

Published online by Cambridge University Press:  17 September 2021

Robert J. Steinfeld
Affiliation:
State University of New York, Buffalo
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Summary

The years 1786–87 marked a decisive turning point in the history of judicial review. Of the half dozen legal disputes that historians normally place on the list of early judicial review precedents down to the Federal Convention, fully half arose during the years 1786–1787.1 During these two years, in a variety of cases in three different states, lawyers argued on behalf of their clients that a court must declare a state statute not to be law, and in every case, the judges obliged. The North Carolina case of Bayard v. Singleton was one of these.

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'To Save the People from Themselves'
The Emergence of American Judicial Review and the Transformation of Constitutions
, pp. 332 - 386
Publisher: Cambridge University Press
Print publication year: 2021

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