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Lest We Be Marshalled: Judicial Powers and Politics in Ohio, 1806-1812

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Although the power of American courts to determine the constitutionality of laws (the power of judicial review) was sometimes disputed during the first decades of the nation's history, Ohio was the only state where the judiciary's claim to the power was challenged by subjecting judges who had exercised it to prosecution by impeachment. George Tod and Calvin Pease were accordingly tried by the Ohio Senate in 1809, charged with subverting the state constitution by undertaking as judges to pass on the constitutionality of an ...

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