Does that mean the southern states and the effected merchants were free to disregard the Prize Cases ruling as well, since they were entitled to their own "interpretation" of the Constitution? Just curious.
Does that mean the southern states and the effected merchants were free to disregard the Prize Cases ruling as well, since they were entitled to their own "interpretation" of the Constitution? Just curious.
The Militia Act and the Judiciary Act were already on the books. They block unilateral state secession. No one could mistake that. The rebels didn't even bother going to court - even with Taney on the bench.
Also, the southern states and affected merchants were not branches of the federal government.
The way the law was perceived in 1860 was that each of the three branches of government interpreted the Constitution themselves. Court rulings applied only to the parties in the suit.
Walt