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" 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... "
The Law of Freedom and Bondage in the United States - Page 265
by John Codman Hurd - 1862
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Willmoore Kendall: Maverick of American Conservatives

John Albert Murley, John Alvis - Political Science - 2002 - 310 pages
...whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal...government into the hands of that eminent tribunal." In sum, what moves Kendall may not finally be the question of legislative supremacy after all but rather...
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Natural Rights and the Right to Choose

Hadley Arkes - Law - 2002 - 326 pages
...made, in ordinary litigation between parties, in personal actions." And in that event, said Lincoln, "the people will have ceased, to be their own rulers,...government, into the hands of that eminent tribunal."'" Lincoln had led a political movement, summoning support throughout the country, in opposition to the...
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Africans in the Americas: Our Journey Throughout the World

Sabas H. Whittaker M. F. a., Sabas Whittaker, M.F.A. - African Americans - 2003 - 367 pages
...whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal...court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others...
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The Politics of Upheaval: 1935-1936, the Age of Roosevelt, Volume III

Arthur Meier Schlesinger - History - 2003 - 772 pages
...Lincoln, "is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal...government into the hands of that eminent tribunal." "One way or the other," said Theodore Roosevelt, "it will be absolutely necessary for the people themselves...
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Franklin D. Roosevelt and the Transformation of the Supreme Court

Stephen K. Shaw, William D. Pederson - Education - 2004 - 284 pages
...whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal...resigned their government into the hands of that eminent tribunal."58 Looking back on thirty years of judicial decisions preventing "measures for social and...
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Lincoln's Constitution

Daniel A. Farber - History - 2004 - 251 pages
...people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, . . . the people will have ceased, to be their own rulers,...government, into the hands of that eminent tribunal." This was not, he said, an "assault upon the court, or the judges." It was their duty to decide the...
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Congressional Protection of Religious Liberty

Louis Fisher - Church and state - 2003 - 94 pages
...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,...resigned their Government into the hands of that eminent tribunal."6 Dred Scott was eventually overturned by the Thirteenth, Fourteenth, and Fifteenth Amendments,...
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Laboratory of Justice: The Supreme Court's 200-Year Struggle to Integrate ...

David L. Faigman - History - 2004 - 440 pages
...whole people, is to be irrevocably fixed by decision of the Supreme Court, the instant they are made in ordinary litigation between parties in personal...Government into the hands of that eminent tribunal." The most scandalous attack would come from William H. Seward, the senator from New York. Seward sought...
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Where the Right Went Wrong: How Neoconservatives Subverted the Reagan ...

Patrick J. Buchanan - Political Science - 2007 - 272 pages
...whole people is to be irrevocably fixed by the decision of the Supreme Court, the instant they are made in ordinary litigation between parties in personal...Government into the hands of that eminent tribunal. When Taney denounced Lincoln's dispatch of troops to Maryland to prevent the election of secessionists...
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Presidential Leadership: Rating the Best and the Worst in the White House

James Taranto, Leonard Leo - History - 2004 - 304 pages
...whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal...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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