Dougherty, J. Hampden. Power of Federal Judiciary Over Legislation: Its Origin; The Power to Set Aside Laws; Boundaries of the Power; Judicial Independence; Existing Evils and Remedies. New York: G.P. Putnam's Sons, 1912. vii, 125 pp. Reprinted 2004, 2010 by The Lawbook Exchange, Ltd. ISBN: 9781616190811. Paperback. New. $15.95 * "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. It is apparent that the author has made a careful study of the Federal Convention of 1787 and in the state ratifying conventions that followed. He does not rest his case here, but proceeds with a discussion of other evidence in support of his position...": P.R.B., Yale Law Journal 22:67 cited in Marke, A Catalogue of the Law Collection at New York University 410.
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J. Hampden Dougherty was a prominent New York City lawyer whose practice focused on tax issues and land and water use. He graduated from Columbia Law School in 1874 and was the author of numerous titles including Electoral System of the United States (1906) and Constitutional History of New York State (2nd ed. 1915).
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