The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-08-25
THE AUTHORITY OF THE SUPREME
COURT.

The degree OF authority conceded TO the Nj
preme Court is the true test and touehstoneof
political creeds. He who acknowledges the
right of the Court to bind the Legislative and
Executive branches of the Government by It's
decisions, as well as the States and the peopse,
is Federalist; and he who denies that right is
States Rights man. Forty and fifty years ago,
these distinctions were universally recognised
and acted upon. Thomas Jefferson, James Mad
ison, John Taylor of Caroline, and William B.
Giles, were the representative men of the Re-
publican or States Rights school. Alexander
Hamilton, John Adams, and John Marshall,
were the great lights in the Federal ranks. The
eminent is one Of limited powers that the
Constitution is compact between the StateJ,
by which certain definite and limited powers
are delegated to the common Government and
all others not expressed in the compact are re-
served to the States and to the people. These
are propositions which cannot be denied, since
they are entirely conformable to the letter Of
the Constitution itself.
But If the Central Government thus consti-
tuted by the States for specific purposes is
made the exclusive judge of its own powers, il
is clear to the dullest understanding that the
reservation Of rights to the States and the
people can be Of no practical utility. Even or
the absurd suppOsiton that the Federal Govern
ment is always to be in honest hands, there
would still be no guaranty that it would not
gradually encroach upon the reserved rights Of
the States. The most honest men cannot al
ways be DISTINGUISHED. The best men are
prone to be swayed by their prejudices, and
those prejudices are sure to favor the assump,
ton Of power in their own hands. Hence, on.
this idle and romantic supposition that the Fed
eral Administration will always be honest, there
would still be constant tendency to CONSOLE
dation, and the overthrow Of the rights of the
States, if that Government is to enjoy the ex-
elusive right Of determining its own powers.
But with the proverbial dishonesty and ambi-
ton Of politicians, the reserved rights of the
States would not be worth the parchment upon
which they are inscribed if the Federalist the
DRY of Interpretation holds good.
The Federalists not only claim for the Cen
trail Government the exclusive right Of inter
preting the Constitution, but they assign that
high prerogatiye to particular department of
it. viz the Supreme Court. The Constitu-
ton invests the Court with the judicial powers
of the Union, for determining the rights of
persons and property in certain and compar-
atively limited class Of cases. But the Fed
eralist theory invests the Court with supreme
political authority over the States, as well as
the coordinate departments of the Central Gov
eminent.
We propose to examine briefly this theory
by which the States are reduced to the condi-
ton Of counties, and the Legislative and Ex-
ecutive branches to mere agencies for carrying
out the DEGREES of the Court. We propose to
show that no such power is given to the Court
by the Constitution and that those who con
tend for it have no better authority than for
many other latudinarian theories; this being
the fruitful mother of them all.
The first section of the third article Of the
Constitution declares that the judicial power
of the United States shall be vested in one
Supreme Court, and in such inferior courts as
the Congress may from time to time ordain
and establish The second section declares
that the judicial power shall extend to all
cases in law and equity, arising under this
Constitution, the laws Of the United States, and
treaties made or which shall be made under
their authority 20 all cases affecting annbAs-
sadors, OF other public ministers and consuls !;
to all eases Of admiralty and maritime jurisdc-
ton; to controversies to which the United
States shall be party; to controversies be-
tween two or more States; between a State
and citizens of another State; between citizens
Of different States; between citizens of the
same State, claiming lands under grants of diff
ferent States :, and between State or the citi-
zens thereof, and foreign States, citizens, or
subjects
The reader viii ascertain, by careful ex-
animation Of this clause, which embraces
every class ofzcases falling within the jurisdc-
ton Of the Court, that they all relate to ques-
tons involving the rights of property, or person
al rights; and in no one of them is the Court
authorized to determine political questions, or
questions involving the relative powers of the
States and Federal Government, or the relative
jurisdiction ofthe coordinate departments ofthe
Government, viz; the Legislative, Executive
and Judicial. There is not a hint Of the pre-
eminence claimed for the Court by the Federal
lists OF the old or new school. And can it be
believed that the extraordinary prerogative Of
determining politicaL powers and jurisdiction
would have been given except in express terms
Would the Court haze been given this tran
scendcnt power by implication? The SUPPOSE
ton is absurd in itself, and is expressly mega
tived by article ninth of the amendments,
which declares that the powers not delegated
by the Constitution to the Federal Government
are reserved to the States and to the people.
BY a careful examination of the above clause,
and by article eleventh of the amendments, it
will be seen that the States cannot be sued.
In questions involving mere property rights
between the States, where tribunal independ-
ent Of the comtending parties is desirable, the
Constitution has made the Supreme Court of
the Union the arbiter. But no such authority is
given in controversies between the United
States and State
Doubtless the Supreme Court is supreme
within its own sphere So is the Legislature.
So is the Executive. The Legislature is not
enioined to conform its Legislation to the decis-
ions of the Court. The President is not warned
to keep his recommendations within the same
pale These departments are coordinate with
the Court, and are even superior to it in dignity
and importance. The Legislature is first
named in the Constitution, and is undoubtedly
| first in dignity, Importance, and power. The