...practice. At the same time the candid citizen must confess that if the policy of the Government upon the vital questions affecting the whole people is to be irrevocably fixed by the decisions of the Supreme Court, the instant they are made, as in ordinary litigation between parties...

...critique was made most famously and forcefully by Lincoln in his first inaugural address. As he put it: If the policy of the Government upon vital questions,...resigned their government into the hands of that eminent tribunal.91 Lincoln's point - delivered at a time when he still hoped to avert war, and powerfully...

...intentions of those who had written, proposed, and ratified it, Lincoln argued that if the policy of government upon vital questions affecting the whole...practically resigned their government into the hands of that emminent tribunal.31 Once again, we must understand that the Constitution is and must be understood...

...1864, Roy P. Easier, ed., The Collected Works of Abraham Lincoln (8 vols., 1953), IV:268 (observing 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, having, to that extent, practically resigned their...

...judicial independence in the first place. Abraham Lincoln put it well in his First Inaugural Address: "If the policy of the government upon vital questions,...irrevocably fixed by decisions of the Supreme Court.. .the people will have ceased to be their own rulers." 13 We are perilously close to that point now. Nancy...

...retain the right to work for a reversal. Otherwise, Lincoln argued in his first inaugural address, "the people will have ceased to be their own rulers,...resigned their government into the hands of that eminent tribunal."27 Altogether, the period immediately following the founding, and in which political actors...

...Lincoln was the most assertive on this point, contending in his First Inaugural that "if the policy of government, upon vital questions, affecting the whole people, is to be irrevocably fixed by the decisions of the Supreme Court ... the people will have ceased to be their own rulers."155 It was...

...To support his argument, Roosevelt repeats Lincoln's declaration from his First Inaugural Address: "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, having to that extent practically resigned their government...

...in the court of public opinion, through the regular course of elections. Otherwise, Lincoln warned, "the people will have ceased to be their own rulers,...practically resigned their government into the hands of an eminent tribunal." But the expansion of rights in the wake of the New Deal and the Great Society...