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To: Rockingham
On the main point, the power of the Supreme Court to hold legislation unconstitutional, here is Hamilton, in Federalist No. 78:

#78 does not uphold your contention that the federal government has the enumerated authority to hold STATE legislation unconstitutional.

As the discussion concerns the federal Constitution, it outlines the balance of power between the federal legislature and the federal judiciary. Its a basic illustration the 'separate but equal' concept of the 3 branches

After your quote, he continues:

Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former.

Remember, this was a totally NEW type of government. Do you seriously think the States intentionally joined something they could not control if necessary or leave if they had too?

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BTW - if you like great resources here's Historical American Documents from us constitution.net.

This is also great - a massive database called The Avalon Project at Yale Law School.

80 posted on 04/03/2012 8:58:00 AM PDT by MamaTexan (I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
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To: MamaTexan

The practice of early state governments was that state courts could declare state laws unconstitutional. The point of the supremacy provision of the federal Constitution was that it controlled over all other laws, including state law.


82 posted on 04/03/2012 9:50:42 AM PDT by Rockingham
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