The question of the constitutionality of the formation of the new state was brought before the Supreme Court of the United States in the following manner.
He contested the constitutionality of the Civil Rights Bill, opposed the resumption of specie payments, advocated the payment of the public debt in silver and supported the Bland-Allison Act.
The earliest of these is his report of the argument of James Otis in the superior court of Massachusetts as to the constitutionality of writs of assistance.
The supreme court is almost without exception a court of appeal with jurisdiction in cases involving at least $2000, in cases of divorce, in suits regarding adoption, legitimacy and custody of children and as regards the legality and constitutionality of taxes, fines, &c. The supreme court appoints courts of appeal to judge cases involving less than $2000.
This court passes on the constitutionality of all laws, decrees and regulations.
The supreme tribunal has original and appellate jurisdiction, but its power to pass on the constitutionality of federal laws and executive acts seems to fall short of that of the United States Supreme Court.
It is the supreme tribunal of the republic, having original jurisdiction in cases of impeachment, the constitutionality of laws, and controversies between states or officials.
Trajan emphasized at once his personal control and the constitutionality of his sway by bearing on his campaigns the actual title of "proconsul," which no other emperor had done.
His critics said that his course in this matter was unconstitutional, although the question of constitutionality has never been raised before any national or international tribunal.
The strong anti-slavery sentiment here manifested, itself in 1851 in the famous " Jerry rescue," one of the most significant episodes following the enactment of the Fugitive .Slave Law of 1850; Samuel May, pastor of the Unitarian church, and seventeen others, arrested for assisting in the rescue, were never brought to trial, although May and two others publicly admitted that they had taken part in the rescue, and announced that they would contest the constitutionality of the Fugitive Slave Law, if they were tried.
Soon after taking office in 1913 he aroused a storm of protest, especially on the part of the large daily newspapers, by declaring that he would enforce the law (requiring publications to print, among other things, a sworn statement of paid circulation), which had been held in abeyance by his predecessor until its constitutionality might be confirmed.
In 1906 the question of uniting Allegheny with Pittsburg under one municipal government was submitted to a joint vote of the electorate of the two cities, in accordance with an act of the state legislature, which had been passed in February of that year, and a large majority voted for the union; but there was determined opposition in Allegheny, every ward of the city voting in the negative; the constitutionality of the act was challenged; the supreme court of the state on the 11th of March 1907 declared the act valid, and on the 18th of November 1907 this decision was affirmed by the Supreme Court of the United States.
Madison's theory was that the legislature of Virginia, being one of the bodies which had chosen delegates to the constitutional convention, was legally capable of considering the question of the constitutionality of laws passed by the Federal government, and that the state of Virginia might invite other states to join her, but could not singly, as Calhoun argued, declare any law of the Federal legislature null and void.
The concurrence of at least three judges is necessary to the decision of a case involving the constitutionality of a law.
Under such conditions the Southern states questioned the constitutionality of the imposition.