The Conflict Over Judicial Powers in the United States to 1870 Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1909 Excerpt: ...that independence necessary for the determination of constitutional questions.2 The Constitution was framed for ages to come and was designed to approach immortality as nearly as human institutions could approach it, hence the necessity for fixed, uniform principles of interpretation. On the dangers of dissolution, which were graphically depicted by the counsel for the state, Marshall observed that "whenever hostility to the existing system shall become universal, it will be also irresistible. The people made the Constitution, and the people can unmake it. It is the creature of their will. But this supreme and irresistible power to make and unmake resides in the whole body of the people." 1 The Chief Justice closed the subject with this warning: "the attempt of any of the parts to exercise it is usurpation, and ought to be repelled by those to whom the people have delegated the power of repelling it." 2 When taking into account the number of state governments, the conclusion was reached that twenty independent courts of final jurisdiction over the same causes arising under the same laws was a hydra in government, from which nothing but contradictions and confusion could proceed. Such a construction would reduce to a nullity almost the entire Constitution and must in the consideration of that instrument be held untenable. Virginia had lost her case and the national government had gained a decisive victory, for the eleventh amendment, adopted to protect state authority, was reduced by interpretation to a very insecure basis for the maintenance of state independence. Jefferson's Objections. The most formidable opponent of Marshall and the federal principles of interpretation adopted by the Supreme Court, ex-President Jefferson, gave a final...