Ware v. Hylton: constitutional supremacy and “political questions” doctrine
DOI:
https://doi.org/10.17811/hc.v0i21.634Keywords:
United States – Constitucional supremacy – Federalist EraAbstract
In the last days of may 1793, Circuit Court of Virginia heard oral arguments in Ware v. Hylton, a case which justice James Iredell described as “the greatest Cause which ever came before a Judicial Court in the world”. It dealt with such an important legal maters for the early republic as constitutional supremacy clause and the conflicts between state laws and international treaties signed by United States. In the Circuit Court opinion, chief justice John Jay used the distinction between acts of political and judicial nature. This article tries to study the case in depth.
Fecha de envío / Submission date: 2/12/2019
Fecha de aceptación / Acceptance date: 25/02/2020
Downloads
Published
2020-01-07
Issue
Section
Latin America and United States of America
License
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
- Journal can use the published works for future publications.
- Authors must inform the journal of later publications of their text.