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But in 1868, in the case of ex parte McCardle, it appeared that the question of the constitutionality of the reconstruction acts would be passed upon. McCardle, a Mississippi editor arrested for opposition to reconstruction and convicted by military commission, appealed to the Supreme Court, which asserted its jurisdiction. The highest court was thus silenced.
It was from the same principle that Calvin Prying's love for Bridget O'Clery originated. Hence he was highly enraged at the idea of her going into a convent, and had a strong notion in his head to call a "public mass meeting," and pass resolutions against the constitutionality of allowing young ladies of respectable fortunes to enter convents.
To this President Lincoln replied: "I cannot consent to suspend the draft in New York, as you request, because, among other reasons, time is too important.... I do not object to abide a decision of the United States Supreme Court, or of the judges thereof, on the constitutionality of the draft law.
There was, it is true, some objection in the Convention to the doctrine that the Supreme Court should have authority to decide upon the constitutionality of Congressional legislation. Mercer and Dickinson believed that this power should not be exercised by the judiciary.
It exerted a beneficial influence on the transaction of legislative business and elicited the general approbation of the country. It enabled Congress to adjourn with that dignity and deliberation so becoming to the representatives of this great Republic, without having crowded into general appropriation bills provisions foreign to their nature and of doubtful constitutionality and expediency.
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 the utter fallacy of this position was shown by two unanimous decisions of the highest judicial tribunal of the State of Mississippi, before whom this very question was brought directly for adjudication, affirming the constitutionality and validity of these bonds. Mr.
An additional safeguard is provided by declaring that before a provision in a Bill becomes law, the Lord Lieutenant may take the opinion of the Judicial Committee of the Privy Council as to its legality, and further, that without subjecting private litigants to the expense of trying the constitutionality of an Act, the Lord Lieutenant may, of his own motion, move the judicial committee to determine the question.
Its charter expired in 1836, and the President in both his annual messages had gravely questioned the wisdom of granting another. He questioned the constitutionality of setting up such an institution, and he questioned the value and safety of the Bank as it existed.
An obvious objection to this method of legislation is that the judges who, as members of a council of revision, find nothing objectionable in a bill presented for their scrutiny, must naturally have a certain pride of opinion to conquer before, should its constitutionality become afterward the subject of litigation before them, they could be in a frame of mind to render an unprejudiced judgment.
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