Capitolo 47
inevitable, a bench of judges is the better court to interpret his
wanting to say, since the duty of the judge you/he/she has ever been and you/he/she has now been to
you interpret the meaning of tools writing; but it doesn't follow
from this premise that the judges that should practice this office they owe
is the judges that they administer the municipal law. In point of fact
experience has it tried that, till now as it pertains to Congress the results,
of judicial interference has been negative. And it would be well if in
the other spheres of American constitutional development, judicial activity
you/he/she had always been negative. Unfortunately, as I believe, you/he/she has extended
in the dominion of legislation. I will take once the Dred Scott Houses
more to illustrate my meaning. The north found him/it bad enough for the
Supreme court to hold that, under the Constitution, Congress was not able,
excludes slavery from the national territory over a certain border
what sheltered had been from compromise between the north and South. But the
Northerly you/he/she would have found him intolerable if the Court, while fully
it is probable that granting that Congress legislates so, if the character of the
legislation was praised to the judges, you/he/she had held the Missouri
Jeopardizes to be unconstitutional because they thought of them him
_unreasonable_. He/she anchors this, in substance it is what our courts have done.
And this brings me to the consideration of American courts as
legislative rooms.
FOOTNOTES:
[6] the relationship of legislation courts in European countries you/he/she has been
entirely enough considered by Brinton Coxe, in _Judicial Power and
Constitutional Legislation_.
[7] _Federalist_ No LXXVIII.
[8] _The Federalist_, No LXXVIII.
[9] _The Federalist_, No LXXVIII.
[10] Cohens _v_. Virginia, 6 Wheatons 415.
[11] to Madison, Ford, 9, 275.
[12] the constitutional doctrine of Marshall universally was not approved,
also in the courts of the northern states, up to how long later. As
eminent a jurist as President of the Short Supreme Gibson of Pennsylvania, as late as