|View single post by ThomasWashington|
|Posted: Thu Nov 19th, 2009 04:30 am||
|But Lincoln said that the Supreme Court couldn't even do that. To wit from his First Inaugural address:
In other words, Lincoln claimed that the Supreme Court had no power of juicial review over federal laws that came before it in cases.
Now compare that, to his 1856 Fremont campaign speech:
Thus Lincoln not only denied the power of judicial review once he became president, but he held that view only when it proved convenient for him. Note that the above case was made on August 1, 1856-- shortly before the outcome of the Dred Scot case, which Lincoln felt sure would be decided in favor of the Free states.
Then, after the Court ruled entirely with the slave states and slave-owners, Lincoln made the following speech:
...we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a State to exclude slavery from its limits. And this may especially be expected if the doctrine of "care not whether slavery be voted down or voted up," shall gain upon the public mind sufficiently to give promise that such a decision can be maintained when made.
So there we have it: in 1856, when he thinks the Court will rule in his party's favor, he Lincoln says "The Supreme Court of the United States is the tribunal to decide the question of an unconstitutional act--" and challenges the other side to submit to its decision, calling them "disunionists" if they refuse.
Then when the court rules against him and his party, in 1858 he says "we must work to overthrow that dynasty--" i.e. he refuses to submit to the Supreme Court... thus making him and the Republicans "disunionist" by his own definition.
Then in 1861, President Lincoln says that the Supreme Court is simply "binding in any case upon the parties to a suit as to the object of that suit--" ONLY-- while claiming that it has NO power of judicial review over the underlying legislation!
In short, Lincoln seems to be the father of the term, "the politics of convenience;" meanwhile the nickname "Honest Abe" appears to be born purely out of sarcasm.
Last edited on Thu Nov 19th, 2009 04:41 am by ThomasWashington