...Perhaps the most famous opponent of judicial supremacy in our nation’s history was Abraham Lincoln, who as President directly defied the abominable and inhuman monstrosity that was Chief Justice Taney’s ruling in 1857’s Dred Scott v. Sandford.Far from the Supreme Court being the obvious answer to the problem of state slavery, for a time it was slavery's most prominent defender.
"...the candid citizen must confess that if the policy of the Government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made in ordinary litigation between parties in personal actions the people will have ceased to be their own rulers, having to that extent practically resigned their Government into the hands of that eminent tribunal."
Lincoln on the Supremacy of the Courts
Dad29 reminds us that Lincoln was not a fan of conceding moral questions to the Supreme Court. Indeed, it was opposition to one such decision that brought him into politics -- and the Republican party into being.
By Grim on Wednesday, February 17, 2016