The Supreme Court and Unconstitutional Legislation

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Moore's analytical survey considers what the U.S. Supreme Court has accomplished through its power to declare statutes unconstitutional. Although he restricts his focus to the federal level, he considers state cases in some detail and includes an appendix that lists cases in which state enactments were declared unconstitutional because of their conflict with the federal constitution. Moore also discusses early attitudes of state courts before Marbury v. Madison and the attitudes of federal courts after that decision. Reprint of Volume LIV, Number 2, Whole Number 133, from the series Studies in History, Economics and Public Law, edited by the Faculty of Political Science of Columbia University. Blaine Free Moore [1879-1941] taught at George Washington University and was a Curtis Fellow at Columbia University. His publications include Economic Aspects of the Commerce and Industry of the Netherlands, 1912-1918 (1919), The History of Cumulative Voting and Minority Representation in Illinois, 1870-1919 (1920), The Foreign Trade of Japan (1922) and Laws and Practices Affecting the Establishment of Foreign Branches of Banks (1923).