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To: 4ConservativeJustices
SUPREME COURT HOKEY-POKEY
By the radical-controlled Republican Congress

EXITED the Court:

May 31, 1860 -- Peter V. Daniel
Apr 4, 1861 -- John McLean
Apr 30, 1861 -- John A. Campbell
Oct 12, 1864 -- Roger B. Taney
------------------------------------------------
May 30, 1865 -- John Catron
Jul 5, 1867 -- James M. Wayne

JOINED the Court:

Jan 27, 1862 -- Noah Swayne
Jul 21, 1862 -- Samuel F. Miller
Dec 10, 1862 -- David Davis
May 20, 1863 -- Stephen J. Field
Dec 15, 1864 -- Salmon P. Chase
-------------------------------------------------
Mar 14, 1870 -- William Strong
Mar 23, 1870 -- Ward Hunt

As one may readily observe, including Justice Daniel who left the Court in May 1860, Lincoln had only four Justices to replace. However, Lincoln appointed five justices.

With the appointment of Justice Field on May 20, 1863 the size of the Court swelled to 10 members.

One may observe that Justice Catron and Justice Wayne left the Court in 1865 and 1867. However, no appointments were made between December 1864 and March 1870.

TRANSLATION:

In 1863, at the critical time of the war, in order to ensure domination of the Court and prevent any negative decisions, the size of the Court was swelled to 10 members so Lincoln could pack it with another member.

While Andrew Johnson was President, it would appear that there were two vacancies he failed to fill. In fact, in order to keep its hold on the Court, and to prevent President Johnson from appointing anybody who might not share their thoughts on reconstruction and trampling upon the Constitution, in 1866 the radical-controlled Congress reduced the size of the Court to seven justices and provided that no vacant seats could be filled until that number was reached.

The actual number of sitting justices only fell to eight, but reducing the official number to seven was an insurance policy against President Johnson ever appointing anybody to the Court.

In 1869, with Republican U.S. Grant in office, the radical-controlled Congress restored the authorized size of the Court to nine members. In 1870, President Grant was able to appoint Justices Strong and Hunt to replace Justices Catron and Wayne who had left the Court in 1865 and 1867.

And THAT is how Supreme Court hokey-pokey was played by the radical-controlled Republican Congress.

761 posted on 11/23/2003 4:57:23 AM PST by nolu chan
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To: nolu chan
And THAT is how Supreme Court hokey-pokey was played by the radical-controlled Republican Congress.

It's ok the Republicans ate at Subway.

772 posted on 11/23/2003 9:57:50 AM PST by 4CJ ('Scots vie 4 tavern juices' - anagram by paulklenk, 22 Nov 2003)
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