Capitolo 40
his/her mind on this head, Marshall followed, very rightly indeed, but
also very palpably, to elude the consequences of his/her rashness. Him
continued: The right of ownership that is established, and the violation of
that right clear, it is simple that an evil has been committed, and it
only rests to determine if that evil can be redressed under this
form of procedure. We am of opinion that is not able, because Congress
it doesn't have any constitutional power to confer on the original Supreme court
jurisdiction in this class of the cause. In the lowest courts alone
the relief prayed for is gotten.
Of all the events of the life of Marshall this controversy with Jefferson
it seems to me the more misunderstanding, and it was a direct effect of a
constitutional system that has allowed the courts to become the
censor of the political departments of the government. Marshall,
probably, felt exasperated by the virulence of Jefferson against these end
appointments served as John Adams, while Marshall was Minister of State,
and for that he is been able to feel, partly, responsible. Possibly,
he has also, been able to take some of the narrowings of Jefferson as aimed to
him. To all the events he went to extreme lengths in retaliation. Him
you/he/she would have dismissed the cause in some words affirming that,
whatever it is probable that the abstract rights of the parties would have been, the Supreme one
Court didn't have any power to force the President in its official functions;
but he produced to the political animosity. Then having taken a stand,
practically indefensible, he had to find an avenue of retreat, and he founded
it affirming a directive jurisdiction on Congress, a footstep that,
also to that first period, it was very hazardous. [12]
In reality the temperament of Jefferson, away from the vengeful being and
revolutionary, as they believed his/her enemies, it was rather kind and timid, but
he would have been deadlier such insult you/he/she had borne him in
silence. Neither it was able him, you/he/she has perhaps done so without risking the respect