The American Philosophy of Government

Cover The American Philosophy of Government
The American Philosophy of Government
Alpheus H Snow
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The marshal with all the assistance he can command is powerless in dealing with a state. If judgments against states are to be executed, the combined moral influence of the Supreme Court, the President, and the Congress must be exerted, the special responsibility resting upon the President, and the whole physical force of the United States must be used, if necessary to maintain the majesty and power of the United States and its legal right of supremacy when acting within its allotted sphere. In... the case of Chisholm vs. State of Georgia, 2 Dallas, 419, Justice Blair said (p. 451): "Nor does the jurisdiction of the court, in relation to a state, seem to be questionable, on the ground that Congress has not provided any form of execution, or pointed out any mode of making the judgment against a state effectual. The argument ab inutili may weigh much in cases depending upon the construe- 138 The American Philosophy of Government tion of doubtful legislative acts, but can have no force, I think, against the clear and positive directions of an act of Congress and of the Constitution.

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