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Fiske, John, 1842-1901

"Civil Government in the United States Considered with Some Reference to Its Origins"


In connection with the questions on page 183, the student is advised
to consult Dole's _Talks about Law: a Popular Statement of What
our Law is and How it is Administered_, Boston, 1887. This book
deserves high praise. In a very easy and attractive way it gives an
account of such facts and principles of law as ought to be familiarly
understood by every man and woman.


CHAPTER VII.
WRITTEN CONSTITUTIONS.

[Sidenote: In the American state there is a power above the
legislature.]
Toward the close of the preceding chapter[1] I spoke of three points
especially characteristic of the American state, and I went on to
mention two of them. The third point which I had in mind is so
remarkable and important as to require a chapter all to itself. In the
American state the legislature is not supreme, but has limits to its
authority prescribed by a written document, known as the Constitution;
and if the legislature happens to pass a law which violates the
constitution, then whenever a specific case happens to arise in which
this statute is involved, it can be brought before the courts, and
the decision of the court, if adverse to the statute, annuls it and
renders it of no effect.


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