Mexican letters written during the progress of the late war between the United States and Mexico, no. 1.Brackenridge, H. M. (Henry Marie)
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Mexican letters written during the progress of the late war between the United States and Mexico, no. 1.
Brackenridge, H. M. (Henry Marie)
Mexican War, 1846-1848; United States -- Politics and government -- 1845-1849
The Supreme Court is often regarded as the sole arbiter in all
constitutional questions. This is to be understood with some
comitations. For instance, it would not consider itself at
liberty to decide the question, whether the acquisition of
foreign territory is constitutional or not; the other branches
of the Government, the Legislation, the treaty making power, the
Executive, having determined the high political question
involved, the Supreme Court conforms to that decision. It,
therefore, moves in a groove, and is not Supreme over all. Yet
it has decided, in the case of Cairter, that the Courts of the
territory are not constitutional Courts, and the Judges not
constitutional Judges; consequently its inferior Courts not
inferior Courts of the United States.
We must distinguish between Political, and Municipal or local
laws; the former are abrogated _ipso facto_, by the charge of
sovereignty, the later continue in force until repealed. For
instance the whole body of the Spanish law was repealed in
Louisiana, by an edict of Governor O’Reilly, and in Missouri,
the Spanish code, continue to Paris and we, were abrogated by
the Governor and Judges, under the first grade of Government,
and the common law with the statutes of one of the States,
substituted in their place. One of the earliest decisions of the
Supreme Court, was that the United States had no code of
municipal law, but must resort to the municipal law of the State
in which it happened to sit.
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