[86] Burgess, Political Science and Constitutional Law, Vol. II, p. 365.

[87] Infra, pp. 119-122.

[88] Boutmy, Studies in Constitutional Law, pp. 117-118 (Eng. Trans.).

[89] Referring to the power of the Supreme Court in our scheme of government, Jefferson said "It is a misnomer to call a government republican, in which a branch of the supreme power is independent of the nation." Works, Vol. X, p. 199.

[90] Lee, Source Book of English History, p. 336.

[91] Commentaries on the Constitution of the United States, sec. 1399; cf. Infra pp. 321-325.

[92] Constitutional History as Seen in American Law, p. 80.

[93] Ibid., p. 258.

[94] For a list of these cases see United States Supreme Court Reports, Vol. 131. Appendix CCXXXV. Banks and Brothers Edition.

[95] Dissenting opinion Inter-State Commerce Commission, v. Alabama Midland Railway Company, 168 United States, 144.