IDEAS home Printed from https://ideas.repec.org/a/cup/apsrev/v18y1924i04p737-759_10.html
   My bibliography  Save this article

The Supreme Court and the Constitution1

Author

Listed:
  • Monroe, Alan H.

Abstract

Ever since the famous case of Marbury v. Madison in 1803, the United States Supreme Court has exercised the power of declaring acts of Congress unconstitutional and of refusing to enforce them as law. From the beginning, the exercise of this power has been the subject of great controversies as to both theory and practice. It has been assailed as subverting the true nature of our government. It has been stigmatized as the foundation of a judicial obligarchy. It has been attacked as a means for the nullification of the popular will as expressed in Congress. It will be the purpose of this paper, therefore, to inquire into the use of this power in relation to acts of Congress with especial regard to (1) the criticisms that have been made at various times throughout American history, and (2) the proposals that have been made to modify the exercise of this power.

Suggested Citation

  • Monroe, Alan H., 1924. "The Supreme Court and the Constitution1," American Political Science Review, Cambridge University Press, vol. 18(4), pages 737-759, November.
    • Handle: RePEc:cup:apsrev:v:18:y:1924:i:04:p:737-759_10
    as

    Download full text from publisher

    File URL: https://www.cambridge.org/core/product/identifier/S0003055400109396/type/journal_article
    File Function: link to article abstract page
    Download Restriction: no
    ---><---

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:cup:apsrev:v:18:y:1924:i:04:p:737-759_10. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Kirk Stebbing (email available below). General contact details of provider: https://www.cambridge.org/psr .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.