 | Hadley Arkes - Law - 2002 - 326 pages
...mean that "the policy of the government, upon vital questions, affecting the whole people, [could] be irrevocably fixed by decisions of the Supreme Court,...litigation between parties, in personal actions." And in that event, said Lincoln, "the people will have ceased, to be their own rulers, having, to that... | |
 | Sabas H. Whittaker M. F. a., Sabas Whittaker, M.F.A. - African Americans - 2003 - 367 pages
...that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time,...people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal. Nor is... | |
 | Stephen K. Shaw, William D. Pederson - Education - 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...people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal."58 Looking... | |
 | Daniel A. Farber - History - 2004 - 251 pages
...respect and consideration, in all paralel [sic] cases, by all other departments of the government." But the "candid citizen must confess that if the policy...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... | |
 | Robert Singh - Political Science - 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 . .... | |
 | Paul O. Carrese - Law - 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... | |
 | Arthur Meier Schlesinger - History - 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... | |
 | Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - Law - 2004 - 502 pages
...that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time,...in personal actions, the people will have ceased to Ix; their own rulers, having to that extent practically resigned their government into the hands of... | |
| |
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... 
