The Bill of Rights
The first lecture tries to state the justification under our system for the courts' power to annul a federal or state statute because it is contrary to the Constitution. The second lecture discusses what are the conditions upon which this power should be exercised when it is based upon the "Due Process Clause" or the "Equal Protection Clause." The third lecture first explains why the interests mentioned in the First Amendment are not entitled in point of consititutional interpretation to a measure of protection different from other interests; and then concludes by considering whether, even if the Consitution does not warrant the courts in annulling any legislation because they disapprove it on the merits, nevertheless it is desirable that they should exercise such an authority on extreme occasions. - p. 56.
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When a Court Should Intervene
Madison 1 Cranch 137 177 178 6
Cabell 326 U S 404 407
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