The Relation of the Judiciary to the Constitution (Classic Reprint)
Excerpt from The Relation of the Judiciary to the Constitution The subject of the present book has for many years been of interest to the writer. Long ago, while still a young lawyer, I was in some way drawn to a study of the judiciary in relation to the Constitution
and under the same title as that which now, late in life, I am placing upon this book, I wrote the second of a series of law articles, to the writing of which ill-health and a dearth of practice had directed me. I may without vanity say that, prior to the publication of the article in question in 1885, there was but the most insufficient treatment of the subject to be found. Kents pages, and those of Story, Cooley, and the other writers, would have been searched in vain for any valid sketch of its history, either in the Federal Convention or in the early cases in which it was applied or hinted at. As my studies preparatory to the article went on at the time in question, I was surprised at the..