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To: arrogantsob
As I do not think the tax on carriages is a direct tax, it is unnecessary, at this time, for me to determine, whether this court, constitutionally possesses the power to declare an act of Congress void, on the ground of its being made contrary to, and in violation of, the Constitution; but if the court have such power, I am free to declare, that I will never exercise it, but in a very clear case. I am for affirming the judgment of the Circuit Court.

It seems as though there was a question in the mind of Justice Chase as to the courts power to declare laws unconstitutional.

In this case they did not strike down the law so the question of the courts power to strike down a law as unconstitutional was still unresolved.

124 posted on 02/21/2019 4:17:18 PM PST by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit)
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To: Pontiac

Is there any wonder why lawyers run the world?

Thanks for the post which, of course, does not address the issue of Court sovereignty which I see as basic to a constitution worthy of the name.

There has to be a Final Arbiter in a constitutional government.


125 posted on 02/21/2019 7:56:12 PM PST by arrogantsob (See "Chaos and Mayhem" at Amazon.com)
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