The Essentials of American Constitutional Law

by Francis Newton Thorpe

[267] Art. iii.

[268] United States v. Freight Association, 166 U. S., 290, citing many cases.

[269] American Insurance Company v. Cantor, 1 Peters, 542.

[270] Luther v. Borden, 7 Howard, 1 (1848).

[271] The whole subject of the American judiciary is largely technical and can be known only through intimate knowledge of the Reports, of the Statutes at Large, and familiarity with practice. In the present chapter the essentials of the law of judicial procedure are the immediate subject.

[272] Marbury, v. Madison, 1 Cranch, 163.

[273] Marbury v. Madison, 1 Cranch, 176–180.

[274] All of Marshall’s decisions rest on the principle, thus set forth, and it remains fundamental in America, applying alike in the States and in the United States.

[275] The principle is examined in State ex rel. v. Stone, 120 Missouri, 428 (1894). Also in Luther v. Borden, 7 Howard, 1 (1848).

[276] See Constitution of Massachusetts, Judiciary, III.