 At the same time, the candid citizen must confess that if the policy of the government upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between...  Modern Eloquence - Page 1038edited by - 1900Full view - About this book
 | Stephen K. Shaw, William D. Pederson - 2004 - 284 pages
...Congress has over the judges, and on that point the President is independent of both."57 Lincoln declared, "If the policy of the government, upon vital questions...resigned their government into the hands of that eminent tribunal."58 Looking back on thirty years of judicial decisions preventing "measures for social and... | |
 | Daniel A. Farber - 2004 - 251 pages
...paralel [sic] cases, by all other departments of the government." But the "candid citizen must confess that if the policy of the government, upon vital questions,...decisions of the Supreme Court, the instant they are made, . . . the people will have ceased, to be their own rulers, having, to that extent, practically resigned... | |
 | Paul O. Carrese - 2010 - 350 pages
...FORCE nor WILL but merely judgment." He also cites Lincoln's warning, in opposing Dred Scott (1857), that "if the policy of the Government upon vital questions...fixed by decisions of the Supreme Court . . . the people will have ceased to be their own rulers." 50 The plurality or majority reasoning about a constitutional... | |
 | Robert Singh - 2003 - 364 pages
...the judiciary, which they may twist and shape into any form they please'. In 1861, another complained that 'if ... the policy of the Government upon vital...fixed by decisions of the Supreme Court . . . the people will have ceased to be their own rulers'. And in 1937, it was protested that 'the Court . .... | |
 | Arthur Meier Schlesinger - 2003 - 772 pages
...the opinion of Congress has over the judges, and on that point the President is independent of both." "If the policy of the government, upon vital questions affecting the whole people," said Abraham Lincoln, "is to be irrevocably fixed by decisions of the Supreme Court, the instant they... | |
 | Louis Fisher - 2003 - 94 pages
...denied that constitutional questions could be settled solely by the Court. If government policy on "vital questions affecting the whole people is to be irrevocably fixed" by the Court, "the people will have ceased to be their own rulers, having to that extent practically resigned... | |
 | Larry D. Kramer - 2004 - 376 pages
...the parties immediately involved. "At the same time," he continued: [T]he candid citizen must confess that if the policy of the government upon vital questions,...resigned their government into the hands of that eminent tribunal.24 Lincoln's Administration acted consistently with these views, too, by ignoring the Court's... | |
 | James Taranto, Leonard Leo - 2004 - 304 pages
...more starkly challenged the justices' claim to supremacy in matters of constitutional interpretation: If the policy of the government upon vital questions...government into the hands of that eminent tribunal. Yet in the end, judicial claims to supremacy have prevailed. In the 1958 case of Cooper v. Aaron, the... | |
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