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Supreme Court — Part 28

83 pages · May 11, 2026 · Broad topic: General · Topic: Supreme Court · 83 pages OCR'd
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rit Tre Asrprcan Mraci ny Philadelphia for the purpose of creating: a more perfect unten. These delegates drew up a con- tract between these 12 States where- in they agreed wo hive together ia a Federal Union with specifically delegated pewwers. Like any good fowver, they reduced this agree- ment to writing so there would he no chance of any future misun- derstanding. Vhey called this con- tract, “The Constitution of the United STATES of America”, After the contract’ was) signed by the delegates, it was submitted to the States for ratification. The States said: “This is a fine con- tract, but we cannot ratify Ht unless additional safewuards are added to protect us against this new Fed- eral Government.” a As an outcome, a gentlemen’ agreement was made for the States to ratify the contract with the pro- -viso that 12 amendments would be submitted by the First Congress to ‘the States for ratification. Ten of these amendments became that which we now call “Vie Bill of Rishts.” -~ Article VI, Clause 2, of the Con- -Stituition states: This Constitution and che laws of the United States which shall be made in pursuance thereof: ... shall be the supreme Inw of the land; ... aad the Tenth of the above men- tioned Amendments states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the stutes, are reserved ta the states respee- tively, or to the peuple, This adds up to just one thing and that is that the Federal Govern- ment has HO Pow other than that specifically delegated to it by the Constitution and any action of the Federal Government which is not in pursuance of the Constitution is, of itself, null and void. HE PRESIDENT and others refer to Tine houseyregation decision as being the law of the land. What law? Under our form of Government, the courts have no legislative pow: cr. In Osborn v, the Bank of the United States, the Supreme Court, presided over by the great John Marshall, in 1824, clearly stated the function of the Court when it said: Judicial power, as contradistin- guished from the power of laws, has no existence. Courts are mere in- struments of the law, and can will nothing . . . Judicial power is nev- er exercised for the purpose of piv- ing effect to the will off the judse,; always for the purpose of giving effect to the wall of the Jeyisla- ture; . In Wayman e. Southard, in 1825, John Marshall also said: “The feg- islature makes ... and the judici- ary construcs the laws.” And in Hennington v. Geurgia, in 1896, and in Newport and Cincinnati ridge Company #, United States,
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