DEAN OF THE LAW SCHOOL, AND GRISWOLD PROFESSOR OF POLITICAL SCIENCE IN THE UNIVERSITY

OP NEW YORK ; AUTHOR OF “ AN INTRODUCTION TO MUNICIPAL LAW."

:

NEW YORK:
PUBLISHED BY HURD AND HOUGHTON.

Cambridge: Riberside Press.

1868.

Entered according to Act of Congress, in the year 1868, by

JOHN NORTON POMEROY, in the Clerk's Office of the District Court for the Southern District of New York.

SECTION

A single arbiter necessary; nature of the Constitution as a funda-

mental statute requiring a judicial interpretation .

141

Function of the judiciary to interpret statutes, conceded .

142

English courts do not have the power, because there is no written

constitution binding on the government

143

Provisions of the Constitution which support these conclusions .

144, 145

Objections to the power considered; that the court is not progres-

sive

146

Objections that this power would make the court the supreme law-

giver:

147

Judicial decisions; Van Horne's Lessee v. Dorrance ; Martin v.

Hunter's Lessee; Cohens v. Virginia ; Ablemann v. Booth 148

Sanctions to enforce the Constitution; impeachments; criminal

pros-

ecutions

149

Sanctions pronouncing a statute or official act null

150

.

.

PART THIRD,

WHAT POWERS AND CAPACITIES ARE CONFERRED OR IMPOSED UPON

THE NATIONAL GOVERNMENT, AND WHAT ARE CONFERRED OR

MPOSED UPON THE SEVERAL STATES.

CHAPTER I.

THE LEADING IDEAS OF CIVIL POLITY WHICH ENTER INTO THE ORGANIZATION

OF THE UNITED STATES.

.

Divisions of the subject

151

Rights of the states

152

Powers of states are derived from the nation

· 153

National affairs committed to the general government; local affairs

to the states

154

Ideas of centralization and local self-government, fundamental 155-164

Necessity and power of each idea

155-157

Principle of local self-government, how applied

158, 159

Historical origin of principle of local self-government

159-164

CHAPTER II.

EXTERNAL FORM AND ORGANIZATION OF THE GOVERNMENT.

Objects of this chapter

165

.