Privileges and Immunities of Citizens of the United States (Volume 54, PT. 1) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1913. Not illustrated. Excerpt: ... cided, the court, or at least some concurring member of it, has given expression to its recognition of the importance and solemnity of the proceedings, the deference due to a "sovereign state," and of the court's regret in being compelled to annul the act of such a state. But after about 1832 a change appears. In the fifteen years following, a considerable number of cases involving the constitutionality of state statutes appeared in the highest law tribunal of the land, and the court felt called upon, in various instances, to annul the statute in question.' Some of the questions involved were not particularly important, and most of the opinions during these years are short. But there were also some really important questions argued before the court--questions which had wide-reaching influence on the activities of the states-- and yet the court declared these statutes unconstitutional without any apparent hesitancy and with few expressions of regret because they were forced to take such action. During this period the dignity of the state, the deference due to that government, the presumption of constitutionality and the warning that "there is no portion of the power and jurisdiction committed to this court which demands so much caution in its exercise, as that of declaring the legislation of a state to be null and void, because it comes in conflict with the Constitution of the United States," * all found refuge in that haven of possibilities but not actualities--dissenting opinions. During the years immediately preceding and following the Civil War the court in approaching a question of a constitutional nature assumed an attitude of indifference. Its opinions in constitutional cases are short usually, and but little or no space is wasted in softening its decision...