Inquiry Into the Origin and Course of Political Parties in the United StatesVan Buren, Martin
History
Inquiry Into the Origin and Course of Political Parties in the United States
Van Buren, Martin
Political parties -- United States
The result of such a scrutiny could not have failed to satisfy sensible
men that the President elect, the new Senate, and the new House of
Representatives,--who in their respective positions had frustrated the
effort of the late President to subject his successor to a dependence
during his entire official term, for the performance of a highly
important part of his official duties in the Federal District, upon a
magistracy not of his own selection, and had thus far also defeated an
attempt, springing from the same spirit and upon an enlarged scale, to
saddle the country with an uncalled-for and enormous addition to the
existing judicial corps, clothed with extensive authority, and to all
substantial purposes irresponsible to the people,--were also invested by
the Constitution with ample power not only to defeat a new effort to
carry into effect before the appropriate tribunal the hostile views
indicated by the proceedings in the case of Marbury _v._ Madison, but to
reduce the power and dignity of the Supreme Court itself to a standard
far inferior to those it then possessed.
The Federal Constitution declares, that "all the appellate jurisdiction
conferred on the Supreme Court shall in all cases be subject to such
exceptions and under such regulations as Congress shall make." Thus by
the words of the Constitution the whole subject is placed under the
revision of Congress and is made subject to its action. If any attempt
had been made to set up anew the importance that had been constructively
attached, in the case of Marbury _v._ Madison, to the words "or persons
holding office" in the Judiciary Act, that body would instantly have
relieved that act and its authors from the preposterous aspersions which
had been cast upon them.
But there was matter in the background of far greater moment.
The _original_ jurisdiction of the Supreme Court was limited to cases
affecting ambassadors and those in which a State was a party. This
branch of its jurisdiction has, it is well known, occupied but little of
the time of the court, and has been withal very unimportant either in
its character or consequences. Deprived of the influence and _éclat_ it
has derived from the exercise of its appellate jurisdiction, the court
would have stood as a pageant in the federal system of but little
account for good or evil. With the addition of that obtained from
appeals and writs of error from the inferior tribunals of the United
States, its position before the country would still have been one of
little consideration.
Public-domain text, read in full here on John Shaqi.
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