Holmes v. Walton

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HOLMES V. WALTON, a case decided by the Supreme Court of New Jersey in 1780. It is cited as one of the precedents for the doctrine of judicial review. The court declared unconstitutional a statute that provided in certain classes of cases that a jury might consist of six men. The legislature subsequently repealed the voided portion of the act. Thus, the right of the courts to pass upon the constitutionality of legislation was not denied, but the legislature claimed the final power to define the functions of each department of government.


Hall, Kermit L. The Supreme Court and Judicial Review in American History. Bicentennial Essays on the Constitution. Washington, D.C.: American Historical Association, 1985.

William S.Carpenter/a. r.

See alsoHayburn's Case ; Judicial Review ; Jury Trial .

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Holmes v. Walton

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