American Heritage History of the Civil War by James M. McPherson, Bruce Catton

By James M. McPherson, Bruce Catton

Overview

Here is Pulitzer Prize-winning writer Bruce Catton's unsurpassed account of the Civil conflict, some of the most relocating chapters in American history.

Introduced by means of Pulitzer Prize-winner James M. McPherson, the publication vividly lines the epic fight among the Blue and grey, from the early department among the North and South to the ultimate give up of accomplice troops.

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Initially a majority of the Court hoped to issue a relatively narrow ruling on an arcane technical point. Justice James Wayne, a Georgian, pushed the majority to its broader rulings. The majority held that Congress did not have the power to prohibit slavery in the territories, that doing so deprived slaveowners who moved to the territories of their property without due process of law, and that Americans of African origin whose ancestors had been held as slaves could not be citizens of the United States.

So that to affirm that the judiciary has a right to judge of the existence of such collision is to take for granted the very thing to be proved. . 5 6 i dissent But it has been said to be emphatically the business of the judiciary, to ascertain and pronounce what the law is; and that this necessarily involves a consideration of the constitution. It does so: but how far? If the judiciary will inquire into any thing beside the form of enactment, where shall it stop? There must be some point of limitation to such an inquiry; for no one will pretend, that a judge would be justifiable in calling for the election returns, or scrutinizing the qualifications of those who composed the legislature.

It can not be necessary to the character of the bank as a fiscal agent of the Government that its private business should be exempted from that taxation to which all the State banks are liable, nor can I conceive it “proper” that the substantive and most essential powers reserved by the States shall be thus attacked and annihilated as a means of executing the powers delegated to the General Government. It may be safely assumed that none of those sages who had an agency in forming or adopting our Constitution ever imagined that any portion of the taxing power of the States not prohibited to them nor delegated to Congress was to be swept away and annihilated as a means of executing certain powers delegated to Congress.

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