Plea for the Supreme Court. Observations On Mr. George Bancroft's Plea for the Constitution

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Plea for the Supreme Court. Observations On Mr. George Bancroft's Plea for the Constitution
Ya Pamphlet Collection (Library of Congress) Dlc [from Old Catalog]
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But is it not idle to assert that the instrument was framed on any such Digitized by Google ^5 theory, in the sense Mr. Bancroft assumes, with that clause staring us in the face ?
It is certainly true that before the adoption of the Constitution Mr. Hamilton asserted this power was placed with the Court, but he limited it to the determination of the extent of the powers granted by the instrument; and if the makers of that instrument really foresaw what they were doing, and the consequences invo
...lved, and yet left such questions to be determined as they have done, with no provision for what might occur while the legislation was undisputed, anything more unfin- ished than their work can be scarcely mentioned.
But intended or not, is it not a power that is to be ascertained to exist by reasoning, and reasoning only? Why is the judiciary the only branch of government, whose views as to the powers they possess by the grant, are to, be regarded? If this be not implication and inference, and the exact converse of an express grant, I am at a loss for a meaning to these words.


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