Show I t J WEEKLY WKLY CONSTITUTIONAL v MAX BERNS A Time Tested Power 1 00 When did our Courts first declare acts nets unconstitutional Before the American Revolution the colonies were governed under J English grants and charters or constitutions con and nearly acts of or colonial co ca- lonial legislatures In conflict with these constitutions were declared void I t Similarly courts declared void the acts nets of at colonial legislatures In Conflict conflict with colonial fundamental laws or constitutions I 1 There was over a century of experience deuce under this procedure when tho the Constitutional Convention met Its Us minutes show why the delegates this method against other alternatives and why In our Constitution Article III they vested this power In our courts The first Congress in which sat sati i many delegates to the Convention and the state conventions con conS f that ratified our Constitution tion passed and President WashIng Wash Wash- I Ing signed the Federal Judiciary Act g which specifically recognizes the I I t power of ot the Supreme Court to review re reo view acts of Congress In President Washington's first firstI I term Congress passed a pension law lawi i j which several federal circuit courts stated was in conflict with our ouri I i Constitution Congress thereupon i changed the law In Jefferson's Jeffersons administration Chief Justice Marshall speaking for fora a unanimous Supreme Court declared de dared another act of or Con Congress ress unconstitutional unconstitutional un un- un constitutional because in In conflict with our Constitution This time tested power of the courts Is our protection against unwarranted unwarranted un warranted acts by the government It originated more than a century before our Constitution was exer In colonial times is specifically ly granted In our Constitution was approved by tho states In ratifying the Constitution and was specifically ly recognized by the first Congress Next Week Supreme Court Majorities v Copyright 1936 by Max Berns |