A Review of the Decision of the Supreme Court of the United States in the Dred S
A Review of the Decision of the Supreme Court of the United States in the Dred S
Kentucky Lawyer
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" Yet the Court in Canter's case permitted Congress to vest judicial power in Courts whose judges were appointed for only a term of years, under the assumption that those Courts were merely legislative and not constitutional Courts. It seems to have been overlooked or disregarded, that Congress had no judicial power to confer but that of the nation, and whenever that was attempted to be conferred it must be vested in the man- ner pointed out by the Constitution. The mandate for persuing a parti...cular mode is an exclusion of all other modes and a virtual prohibition of all others. The excuse that these Courts were for a territory and not for a State, would equally avail for not bringing any other mode of territorial legislation under the Constitutional test. The true rule would seem to be the uniform one, that all legislative and judicial power are derived from the great fundamental arti- cles of the Constitution, and that the exercise of either, in behalf of the nation, must always be in the mode, and sub- ject to the restrictions, ordained by the Constitution.
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