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
Officers are appointed whose duty it is made by
law to obey its orders, and these officers have the right given to call
out the civil power of their respective districts to enable them to
execute judicial decrees. Nor do the rights secured to it by the
Constitution stop here. If resistance is offered to the execution of a
judgment or decree--made by the proper court to which jurisdiction of
the matter which such judgment or decree seeks to enforce is given by
the Constitution--too great to be overcome by the civil power, it is the
duty of the President, upon the request of the officers of the court, to
order out the military power to sustain that of the judiciary. It would
be no answer on his part to such a call to say that the right which the
decree or judgment seeks to enforce arises under a law which he deems
unconstitutional. That is, under the circumstances, a matter that he has
no right to inquire into. The decision of that question has been
delegated to a different department, and has by that department been
decided differently. The Constitution requires that the judgments of
that department, upon subjects committed to it, should be enforced. It
makes that enforcement, in extreme cases, the duty of the military. The
President is intrusted with the command of that force and, in such a
case, his power in regard to it is ministerial only. It is his duty, in
such a case, to sustain the judicial power by the aid of the military,
and if he failed in its performance he would subject himself to
impeachment and removal from office. Not only is the entire power of the
government thus pledged to the maintenance of judicial authority, whilst
acting in the line of its duties, but there lies no appeal from its
judgments or decrees. They are final and obligatory upon the rights and
interests of the parties. They can neither be reversed by any other
tribunal, nor is it in the power of the remaining departments of the
Government united to set them aside or to treat them as a nullity,
however contrary to the Constitution they may be.
Public-domain text, read in full here on John Shaqi.
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