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Updated: May 31, 2025
Seymour's appeal for delay in the execution of the Draft Law, in order to test its Constitutionality, Mr.
The fountains are breaking up around us, and the great deep will soon be in motion. A stern, uncompromising, and solemn spirit of inquiry is abroad. It cannot be arrested, and its result may be easily foreseen. It will not long be popular to talk of the legality of soul-murder, the constitutionality of man-robbery. One word in relation to our duty to our Southern brethren.
At the end of the year the prohibitory act had its life prolonged until the beginning of 1793; and continuation acts adopted every two or three years thereafter extended the régime until the end of 1803. The constitutionality of the prohibition was tested before the judiciary of the state in January, 1802, when the five assembled judges unanimously pronounced it valid.
Every doubt which had hitherto existed as to the intention of the government was swept away. No argument was thenceforward to be permissible as to the constitutionality of the edicts as to the compatibility of their provisions with the privileges of the land. The cry of a people in its agony ascended to Heaven. The decree was answered with a howl of execration.
He steadily refused to countenance the extending of slavery, although himself a holder of slaves; and, although he admitted the legality and constitutionality of the Fugitive Slave Act, he deplored that act as much as any.
The same line of argument which has been accepted by the courts as supporting the constitutionality of the special fund for local improvement purposes is no less applicable to special debts incurred for the purchase of revenue-producing public utilities, such as water works, lighting plants and street railways.
The Court has taken the position that when power exists under the Constitution to legislate upon a given subject say interstate commerce or taxation it is not for the judiciary to seek to correct abuses by Congress of that power, or to question Congressional motives. As said in the decision sustaining the constitutionality of the oleomargarine law:
The proposal, coupled as it was with a suggestion that such an act might be made to serve for purposes of federal supervision and control as well as revenue, met with favor and was enacted into law. President Taft, himself an eminent constitutional lawyer, in his message recommending the law expressed full confidence in its constitutionality.
President, what you now say could be heard by the people of Maryland, they would consider your proposition with a much better feeling than I fear without it they will be inclined to do. "Governor Wickliffe, of Kentucky, then asked him respecting the Constitutionality of his scheme.
But above all he knew that the Bank was odious to the people, and he was true to his political creed, whereby he, as the elect of the people, was bound to enforce its judgment without fear or favour. Jackson's Veto Message contained a vigorous exposition of his objections to the Bank on public grounds, together with a legal argument against its constitutionality.
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