Section 25
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 55 U.S. 149 - Davis Lawler Timothy Walker Stephen L'Hommedieu George Graham John Harrison and Jacob Burnet v. James H and John Walker · 1852Most cited · 26 citing opinions
Judiciary Act
The conflict of a State law with the Constitution of the United States, and a decision by a State court in favor of its validity, must appear on the face of the record, before it can be re examined in this court. It must appear in the pleadings of the suit, or from the evidence in the course of trial, in the instructions asked for, or from exceptions taken to the ruling of the court. It must be, that such a question was necessarily involved in the decision, and that the State court would not have given a judgment without deciding it.
How often courts cite the cases defining “Section 25”
Court decisions citing the 2 opinions that defined “Section 25” — 32 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1840–1852
- ORIGINAL
The power given to the Supreme Court by this act of Congress was intended to protect the general government in the free and uninterrupted exercise of the powers conferred on it by the Constitution, and to prevent any serious impediment from being thrown in its way while acting within the sphere of its legitimate authority. The right was therefore given to this Court to re-examine the judgments of the state Courts, where the relative powers of the general and state government had been in controversy, and the decision had been in favour of the latter... But when, as in the case before us, the state authority or state statute is decided to be unconstitutional and void in the state tribunal, it cannot under that decision come in collision with the authority of the general government; and the right to re-examine it here is not necessary to protect this government in the exercise of its rightful powers.
only state-judgment-favouring-validity reviewable