Read The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate

The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate

John Bigelow

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Description:THE SUPREME COURT IN POLITICS A REPLY TO AMBASSADOR JOSEPH H. CHOATE'S LONDON ADDRESS ON OUR CHIEF JUDICIAL BODY-"THE CRIME OF 1877" AMBASSADOR Choate's London address on the United States supreme court was printed in the June North American Review. Our reason for failing to reproduce the article was that it appeared to require an answer-alone it was open to a very serious criticism. This criticism is now available in a four column article by John Bigelow in the New York Sun, which is reviewed by Harper's Weekly in its issue of August 1. Mr. Bigelow takes for his text Mr. Choate's assertion that the federal judiciary has steadily refrained from exercising any political power which belongs exclusively to congress and the president, and so it has been brought into no collision with the other departments. Mr. Choate added that the federal judiciary would not even indulge in discussions, or express opinions upon purely political questions, and he quoted with approval the refusal of the United States supreme court to comply with a request by President Washington for the opinions of the judges on the construction of the treaty with France of 1778, and a similar refusal to consider and pass upon certain pension claims, on the ground that the power proposed to be exercised was "not a judicial power within the meaning of the constitution." "How can Mr. Choate's assertion be reconciled with the part played by five judges of the United States supreme court in the electoral commission of 1877, when they showed themselves to be divided as strictly on partisan lines as were their fellow members of the commission, who had been chosen by the senate and by the house of representatives?" the Weekly asks. "Mr. Choate correctly declared in his address that the supreme court has original jurisdiction only in cases affecting ambassadors, public ministers, and consuls, and in those in which a state shall be a party; in all other matters the jurisdiction of the supreme court is only appellate. He would scarcely pretend that the right of the supreme court to meddle with the counting of electoral votes for the presidency comes under either of these categories. Mr. Choate went on to say in his address that the courts of the United States exercise no supervision over, or interference with, the president, or congress, or the legislatures of the states. They have, he pointed out. no jurisdiction to pronounce any statute, either of a state or of the United States, void, because irreconcilable with the constitution, except as they are called upon to adjudge the legal rights of parties as they come before them. In a word, 'the supreme court will perform no duties except judicial duties.' Was counting the electoral votes for president, asks Mr. Bigelow, any more than the counting of the votes received by a member of congress or an alderman, a judicial duty coming before the judges of the highest federal tribunal? Were the members of the supreme court exercising no 'interference with the president or congress' when they cooperated with members of the senate and house of representatives, and finally gave the casting vote which invested with the dignity and responsibilities of the presidency a candidate whom few persons at this day believe to have been elected by the people? -Public Opinion, Vol. 35We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate. To get started finding The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate, you are right to find our website which has a comprehensive collection of manuals listed.
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Pages: 28

Format: PDF, EPUB & Kindle Edition

Publisher: Createspace Independent Publishing Platform

Release: 2017

ISBN: 1542924359

Description: THE SUPREME COURT IN POLITICS A REPLY TO AMBASSADOR JOSEPH H. CHOATE'S LONDON ADDRESS ON OUR CHIEF JUDICIAL BODY-"THE CRIME OF 1877" AMBASSADOR Choate's London address on the United States supreme court was printed in the June North American Review. Our reason for failing to reproduce the article was that it appeared to require an answer-alone it was open to a very serious criticism. This criticism is now available in a four column article by John Bigelow in the New York Sun, which is reviewed by Harper's Weekly in its issue of August 1. Mr. Bigelow takes for his text Mr. Choate's assertion that the federal judiciary has steadily refrained from exercising any political power which belongs exclusively to congress and the president, and so it has been brought into no collision with the other departments. Mr. Choate added that the federal judiciary would not even indulge in discussions, or express opinions upon purely political questions, and he quoted with approval the refusal of the United States supreme court to comply with a request by President Washington for the opinions of the judges on the construction of the treaty with France of 1778, and a similar refusal to consider and pass upon certain pension claims, on the ground that the power proposed to be exercised was "not a judicial power within the meaning of the constitution." "How can Mr. Choate's assertion be reconciled with the part played by five judges of the United States supreme court in the electoral commission of 1877, when they showed themselves to be divided as strictly on partisan lines as were their fellow members of the commission, who had been chosen by the senate and by the house of representatives?" the Weekly asks. "Mr. Choate correctly declared in his address that the supreme court has original jurisdiction only in cases affecting ambassadors, public ministers, and consuls, and in those in which a state shall be a party; in all other matters the jurisdiction of the supreme court is only appellate. He would scarcely pretend that the right of the supreme court to meddle with the counting of electoral votes for the presidency comes under either of these categories. Mr. Choate went on to say in his address that the courts of the United States exercise no supervision over, or interference with, the president, or congress, or the legislatures of the states. They have, he pointed out. no jurisdiction to pronounce any statute, either of a state or of the United States, void, because irreconcilable with the constitution, except as they are called upon to adjudge the legal rights of parties as they come before them. In a word, 'the supreme court will perform no duties except judicial duties.' Was counting the electoral votes for president, asks Mr. Bigelow, any more than the counting of the votes received by a member of congress or an alderman, a judicial duty coming before the judges of the highest federal tribunal? Were the members of the supreme court exercising no 'interference with the president or congress' when they cooperated with members of the senate and house of representatives, and finally gave the casting vote which invested with the dignity and responsibilities of the presidency a candidate whom few persons at this day believe to have been elected by the people? -Public Opinion, Vol. 35We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate. To get started finding The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate

The Supreme Court and the Electoral Commission: An Open Letter to the Hon. Joseph H. Choate

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