HAYBURN'S CASE, 2 Dallas 409 (1792), refers to one of the earliest assertions of the independence of the American judiciary, and one of the first instances of federal judicial review. A 1791 federal statute granting pensions to Revolutionary War veterans mandated that the U.S. circuit courts determine whether petitioners qualified. The act gave the secretary of war the power to deny pensions if he believed the courts to be in error. Circuit judges protested that the act, in giving an executive official power to overrule a judicial determination, violated the Constitution's principle of separation of powers. The appeal lodged before the Supreme Court of circuit judges' refusal to act was rendered moot when a new statutory pension plan did not involve judges.
Casto, William R. The Supreme Court in the Early Republic: The Chief Justiceships of John Jay and Oliver Ellsworth. Columbia: University of South Carolina Press, 1995.
See alsoJudicial Review .
"Hayburn's Case." Dictionary of American History. . Encyclopedia.com. (November 19, 2017). http://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/hayburns-case
"Hayburn's Case." Dictionary of American History. . Retrieved November 19, 2017 from Encyclopedia.com: http://www.encyclopedia.com/history/dictionaries-thesauruses-pictures-and-press-releases/hayburns-case
Encyclopedia.com gives you the ability to cite reference entries and articles according to common styles from the Modern Language Association (MLA), The Chicago Manual of Style, and the American Psychological Association (APA).
Within the “Cite this article” tool, pick a style to see how all available information looks when formatted according to that style. Then, copy and paste the text into your bibliography or works cited list.
Because each style has its own formatting nuances that evolve over time and not all information is available for every reference entry or article, Encyclopedia.com cannot guarantee each citation it generates. Therefore, it’s best to use Encyclopedia.com citations as a starting point before checking the style against your school or publication’s requirements and the most-recent information available at these sites:
Modern Language Association
The Chicago Manual of Style
American Psychological Association
- Most online reference entries and articles do not have page numbers. Therefore, that information is unavailable for most Encyclopedia.com content. However, the date of retrieval is often important. Refer to each style’s convention regarding the best way to format page numbers and retrieval dates.
- In addition to the MLA, Chicago, and APA styles, your school, university, publication, or institution may have its own requirements for citations. Therefore, be sure to refer to those guidelines when editing your bibliography or works cited list.