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Excerpt from Legal and Historical Status of the Dred Scott Decision: A History of the Case and an Examination of the Opinion Delivered by the Supreme Court of the United States, March 6, 1857 In 1782 Judge Wythe of the supreme court of Virginia, with reference to the constitution of that State, speaking for the court said: "Nay more, if the whole legislature, an event to be deprecated, should attempt to overlap the bounds prescribed to them by the people, I, in administering the public justice of the country, will meet the united powers at my seat in this tribunal; and, pointing to the constitution, will say to them, here is the limit of your authority, and hither shall you go, but no further." This is the first reported case in the United States where the nullity of an unconstitutional law was discussed before a judicial tribunal. It is the first great American precedent. Sec 4 Call's Virginia Reports, page 5. In 1803 the Supreme Court of the United States held that, "The powers of the legislature (Congress) are defined and limited; and, that those limits might not be mistaken or forgotten, the Constitution is written." This is the first instance in which an act of Congress was held unconstitutional, and the first in history wherein a court called in question an act of a national legislature. See Marbury vs. Madison, I Cranch, United States Reports, 162. The American people have since believed that the principles thus announced and since followed are essential to their rights and liberty. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work is in the "public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ... VI. OBITER DICTA AND THE OPINION. .That some part of the opinion of the court is an obiter dictum, has been widely believed since the first effort to find an excuse for repudiating the binding and conclusive force of what the court had done. "Taney and the others went out of their way to deliver a series of obiter dicta," is a statement that has long been the favorite weapon with which the attempt is made to defend the North--for the great numbers therein of the same mind make it proper to speak of it as a whole-- against the nullification to which that section and the Northwest largely surrendered when the court by its famous decision blasted the legal hopes of the movement for free Territories for white people only. It is believed, as this representative writer goes on to explain, that the obiter dicta consist of "personal judgments not needed or relevant for the case in hand, and therefore not law." Being told that the court had rendered judgments not law, and that the judges wilfully had gone out of their way to do so, the attack on the opinion had the desired effect and "inflamed the public wrath immeasurably as a fresh aggression of the slave-power."1 Perhaps very few of those who came to believe that the opinion rested upon so rotton a foundation, understood very definitely why or wherein the dictum is said to lie. Some of those who led the assault upon the court differed from each other as to what was the dictum they professed to find, or as to wherein the court had rendered an extra judicial judgment. It will be important, therefore, first to find to what part of 1 Encyc. Americana, ed. 1903, Dred Scott Case. the court's opinion it is claimed that the obiter dictum is said to apply. To what it cannot apply is essential first to...