Bryce's American Commonwealth Fiftieth Anniversary

By Robert C. Brooks | Go to book overview

REFERENCE NOTES

I. JAMES BRYCE AND AMERICAN CONSTITUTIONAL FEDERALISM-HAINES
1
H. A. L. Fisher, James Bryce ( New York, 1927), Vol. 1, p. 228.
2
Alexis de Tocqueville, Democracy in America (trans. by Henry Reeve, New York, 1898), Vol. 1, p. 210 et seq.
3
Fisher, op. cit., Vol. i, p. 229.
4
See especially reviews by Woodrow Wilson in the Political Science Quarterly, Vol. 4, p. 166 ( March, 1889); and by Edmund J. James in the Annals of the American Academy of Political and Social Science, Vol. 7, p. 377 ( May, 1896).
5
Bryce, The American Commonwealth, Vol. 1, Ch. 3, p. 30. Unless otherwise stated all references to this work are to the first three-volume edition of 1888.
6
Woodrow Wilson, "Bryce's American Commonwealth", Political Science Quarterly, Vol. 4, p. 166 ( March, 1889); also Ch. 7 of this volume.
7
Bryce, The Predictions of Hamilton and de Tocqueville, Johns Hopkins University Studies in History and Political Science, Vol. 5, pp. 10-11 ( September, 1887). For a different interpretation of the conflict between Hamilton and Jefferson, see James Truslow Adams, The Living Jefferson ( New York, 1936).
8
See comment, however, that "it was the federal system and the doctrine of state sovereignty grounded thereon, and not excluded though not recognized by the Constitution, which led to the secession of 1861." -- Bryce, The American Commonwealth, Vol. 1, Ch. 23, p. 251.
9
Woodrow Wilson, op. cit., pp. 167, 168.
10
"It is therefore obvious", says Bryce, "that the question whether a Congressional statute offends against the Constitution must be determined by the Courts, not merely because it is a question of legal construction, but because there is nobody else to determine it. Congress cannot do so, because Congress is a party interested. If such a body as Congress were permitted to decide whether the acts it has passed were constitutional, it would of course decide in its own favor, and to allow it to decide would put the Constitution at its mercy. The President cannot, because

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