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

To: GOPcapitalist
That is false. Throughout the war cases that would have likely been material for a national supreme court went to the respective state supreme courts.

That is true. Because there was no appeal from those courts. There were potentially 13 versions of what was constitutional and what was not. No wait...there was only one source for what was constitutional...the man who said, "the true and only test is to enquire whether the law is intended to ancd calculated to carry out the object...If the answer be in the affirmative, the law is constitutional"...Jefferson Davis himself. So what did they need a supreme court for? They had him.

424 posted on 09/13/2003 7:18:22 PM PDT by Non-Sequitur
[ Post Reply | Private Reply | To 397 | View Replies ]


To: Non-Sequitur
That is true. Because there was no appeal from those courts.

They were the highest courts in their respective states and existed as they should have. The appeal process had already worked its course by the time that the case got to its given state's high court. To appeal it further would require the typical leftist tactic of losing a case then running off crying to big daddy federal government to make it all better by superseding the authority of the mean old states.

There were potentially 13 versions of what was constitutional and what was not.

And on a case by case basis in the respective states where the ruling was that is perfectly permissible. Or do you think that a ruling in Virginia should bind a person in Alabama? Cause if you do you might as well attempt to enforce Virginia's code of statutes in the borders of Alabama as well.

440 posted on 09/13/2003 9:59:32 PM PDT by GOPcapitalist
[ Post Reply | Private Reply | To 424 | 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