Contrary to what many people have come to believe, judicial supremacy is not in the Constitution,
and does not date from the founding era.
It took hold of American politics only after the Civil War,
when the Court overruled Congress’s judgment that the Constitution demanded civil-rights and voting laws…
[I]n its infamous 1857 Dred Scott decision, [the Court interpreted] the Constitution to hold that the federal government lacked the power to abolish slavery anywhere in the United States.
But rather than accept this novel assertion of judicial supremacy over Congress, the Republican Party responded with defiance.
Indeed, Abraham Lincoln successfully ran for president on a platform of repudiating the Court with national legislation.
In his inaugural address, [Lincoln] remarked that
“the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court,”
then “the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal"
https://www.theatlantic.com/ideas/archive/2022/06/supreme-court-power-overrule-congress/661212/
Chuck Darwin /
npub189…vstm6
2024-07-02 17:01:43
in reply to nevent1q…860y
Author Public Key
npub189h30c785w27s474gju2947zgnmrrc695elyk5lguewsl232salqdvstm6Published at
2024-07-02 17:01:43Event JSON
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"content": "Contrary to what many people have come to believe, judicial supremacy is not in the Constitution, \nand does not date from the founding era. \nIt took hold of American politics only after the Civil War, \nwhen the Court overruled Congress’s judgment that the Constitution demanded civil-rights and voting laws…\n\n[I]n its infamous 1857 Dred Scott decision, [the Court interpreted] the Constitution to hold that the federal government lacked the power to abolish slavery anywhere in the United States. \nBut rather than accept this novel assertion of judicial supremacy over Congress, the Republican Party responded with defiance. \nIndeed, Abraham Lincoln successfully ran for president on a platform of repudiating the Court with national legislation. \n\nIn his inaugural address, [Lincoln] remarked that \n“the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court,” \nthen “the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal\"\nhttps://www.theatlantic.com/ideas/archive/2022/06/supreme-court-power-overrule-congress/661212/",
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