Expulsion of the President

Cover Expulsion of the President
Expulsion of the President
Sumner, Charles, 1811-1874
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Our Constitution leaves no doubt as to the proper functions of the Supreme Court. It may hear • and determine " all cases in law and equity arising under the Constitution, the laws of the United States, and the treaties made under their authority ;" but this is all. Its business is to decide *' cases ;" not to sit in judgmeilt on acts of Congress and issue its tribunitial veto. If a " case" arises where a statute is said to clash with the Constitution, it must be decided as any other case of co...nflict of laws. But nothing within the just powers of the court can touch an act of Congress, except incidentally^ and then its judgment is binding only on * the parties. The incidental reason assigned, as, for instance, that a statute is unconstitutional, does not bind anybody, not even the parties of the court itself.
Of course, this incidental reason cannot bind Congress.
On the evidence it is clear enough that the President had no honest purpose to make a case for the Supreme Court. He may have talked about it, but he was never in earnest.


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