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...Democratic appointees ruled the Court and it was the turn of Whig-Republicans to chafe and roar. When Democratic Chief Justice Roger B. Taney, onetime slave owner, handed down his Dred Scott decision preserving Western territories to slavery despite the will of Congress, a rising Republican named Abraham Lincoln went up & down the land denouncing it, demanding that the President and Congress reverse it, calling for appointment of new, right-thinking Justices. As President, Lincoln carried his feud to the point of ordering an Army fort commander to ignore a writ of habeas corpus issued by Chief Justice Taney...

Author: /time Magazine | Title: JUDICIARY: De Senectute | 2/15/1937 | See Source »

...Andrew Johnson's appointees, William M. Evarts, left office saying: "I shall return to my business of farming and lawing and leave to the newspaper correspondents the conduct of affairs." Such great controversies as those over Federalism, the U. S. Bank, Dred Scott, Monopoly, Eugene V. Debs and Prohibition throw into relief the development and processes of government. These Messrs. Cummings & McFarland highlight. Emphasis and appreciable New Deal bias is placed on references by Presidents and great U. S. legalists to the Constitution and the Supreme Court. Associate Justice William Pater son: "The Constitution has been considered an accommodating...

Author: /time Magazine | Title: Law: Federal Justice | 2/1/1937 | See Source »

...Diego, Calif., publicly declared his confidence in 1) the Supreme Court, 2) the New Deal. It was John Hessin Clarke, now 79, still very much of his own opinion. Said he : "I can't bring myself to regard seriously the action of declaring a few Acts unconstitutional. The Dred Scott decision was reversed by the Civil War; the legal tender decision was reversed by the Court itself, and the income tax was declared unconstitutional in a five-to-four decision which was reversed by the people in an amendment to the Constitution. But the Court survives in full health...

Author: /time Magazine | Title: CAMPAIGN: Forgotten Justice | 11/9/1936 | See Source »

...these colonies was the Oneida Community at Oneida, N. Y., stronghold of "communism of love" and of experiments in birth control, prosperous manufacturer of steel traps and silverware, centre of scandal for more than 30 years. Founded in 1847 with a handful of converts and a few hun-dred dollars capital, the Community in 1880 owned property valued at more than $500,000, divided among 225 members, including a number of scientifically-bred children. The original members had endured systematic and effective persecution, had the privilege of exchanging wives within certain limits rigidly enforced by the leaders...

Author: /time Magazine | Title: Books: Oneida Experiment | 10/21/1935 | See Source »

This decision is probably more important than any laid down by the Supreme Court since the Dred Scott case. The country is up against a practical proposition. I'm not bitter about this decision but I deplore it. (He picked up the opinion, began to speak with great emphasis.) The Court ruled that no matter what kind of emergency the country gets into, all laws must be strictly constitutional. It says "extraordinary conditions do not create or enlarge constitutional powers." (He put down the decision, lighted another cigaret.) That's a very broad statement. During the War Congress...

Author: /time Magazine | Title: THE PRESIDENCY: Dead Deal? | 6/10/1935 | See Source »

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