Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The power of our Supreme Court is great, and its sphere is vast;
but there are limits to its power and its sphere. According to the
Constitution, "the judicial power shall extend to _all cases_ in
law and equity, arising under the Constitution, the laws of the
United States, and treaties"; but it by no means follows that the
interpretation of the Constitution, _incident_ to the trial of these
"cases," is final. Of course, the judgment in the "case" actually
pending is final, as the settlement of a controversy, for weal or
woe, to the litigating parties; but as a _precedent_ it is not final
even on the Supreme Court itself. When cited afterwards, it will be
regarded with respect as an _interpretation of the Constitution_, and,
if nothing appears against it, of controlling authority; but, at any
day, in any litigation, at the trial of any "case," it will be within
the unquestionable competency of the Court to review its own decision,
_so far as it establishes any interpretation of the Constitution_. If
the Court itself be not constrained by its own precedents, how can
coördinate branches, under oath to support the Constitution, and, like
the Court itself, called _incidentally_ to interpret the Constitution,
be constrained by them? In both instances, the power to interpret is
simply _incident_ to other principal duties, as the trial of "cases,"
the making of laws, or the administration of government; and it seems
as plainly _incident_ to a "case" of legislation or of administration
as to a "case" of litigation. And on this view I shall act with entire
confidence, under the oath I have taken.
Public-domain text, read in full here on John Shaqi.
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