Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Grand Old Partisan
For example, Jefferson Davis never appointed a federal judicary, so that there could be no opposition to his attempting to rule by decree

That is a gross oversimplification of the issue with ahistorical conclusions. In fact, there were plans made at various times throughout the war to appoint such a judiciary, including some supported by the administration. The states rights faction in the CSA Senate blocked it though, not to give Davis unchecked power but rather because they feared that a judiciary appointed by him would be used to infringe upon the authority of the states themselves. In short, they feared judicial activism that would transfer power from the states to Richmond, so the move was actually to RESTRAIN the power of the national government!

312 posted on 04/16/2003 8:40:16 PM PDT by GOPcapitalist
[ Post Reply | Private Reply | To 9 | View Replies ]


To: GOPcapitalist
In fact, there were plans made at various times throughout the war to appoint such a judiciary, including some supported by the administration.

The confederate constitution did not mince words. The judicial power of the confederacy was to be vested in one supreme court and such other courts as the congress would establish. It's right there in black and white. So what you're saying is that Davis and the congress deliberately ignore the constitution by refusing to establish the one institution which could keep them from ignoring the constitution? Neat trick. And you complain about Lincoln.

349 posted on 04/17/2003 4:22:52 AM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 312 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson