Seven Decades of the Union the Humanities And Materialism

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126 SEVEN DECADES OF THE UNION.
But by far the most important cases at issue were political cases, and not cases either of law or in equity for the courts.
The Supreme Court itself had at the very beginning eschewed the power of deciding who politically was right or wrong. At the very beginning of the nineteenth century, and before the Supreme Court had taken this judicial ground for the sake of the Judicial Department, it left the political jurisdiction to the Legislative and Executive Departm
...ents, according to its assign- ment and distribution by the Constitution, to be controlled finally by the elections of the people, or by the conveutional powers of the States. And this was salutary and safe, and practically wise and good, so far as pertained to mere municipal questions affecting persons and corporations as such. But it was inadequate and without power either in the case where the sovereign hodiea politic, the States, interposed and contested the constitutionality of laws afifecting their political rights, or where they contested the jurisdiction of the Supreme Court as to the political issues between the sovereign parties to the Federal compact, affecting the compact itself.

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