The Dorr War: Republicanism on Trial, 1831-1861

By George M. Dennison | Go to book overview

7 .
THE JUDICIARY

Judges always stick by the Govt. right or wrong

The ideas of popular sovereignty and peaceable revolution developed side by side with the notion of judicial review. The earliest proponents of the three ideas found no conflict among them. As James Wilson said, if errors were found in government, the judiciary could correct them by upholding the Constitution; if in the Constitution, the people could act. Alexander Hamilton expressed a similar theory in the Federalist when he described the judges as intermediaries between government and people, although he rejected Wilson's conception of peaceable revolution.1 A committed institutionalist and an early advocate of government as administration, Hamilton viewed a constitution as an artifice intended for eternity. It violated logic and common sense to construct a constitution and then leave it to the whims of transient majorities. Constitutions were designed to guarantee security and stability for property and rights. To function properly, they required more permanence than absolute majoritarianism allowed. Hamilton concurred that all proper governments rested on the consent of the governed, but he denied the right of the people to change government at will. Changes must be made in accordance with the procedures outlined either in the Constitution itself, or in the laws adopted under its auspices. Thus, while Hamilton and Wilson agreed that courts had the authority to set aside unconstitutional governmental acts, they disagreed about the power of the people.

Other Americans, who misunderstood Wilsonian constitutionalism and repudiated Hamiltonian institutionalism, also dis

-141-

Notes for this page

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this book

This book has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this book

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this page

Cited page

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited page

Bookmark this page
The Dorr War: Republicanism on Trial, 1831-1861
Table of contents

Table of contents

  • Title Page iii
  • Contents ix
  • Preface xi
  • Prologue - THE BARRICADES 1
  • Part I - THE TRIAL 9
  • 2 - REFORM 32
  • 3 - PEACEABLE REVOLUTION 60
  • 4 - SUPPRESSION 84
  • Part II- THE TESTING 112
  • 6 - THE CONGRESS 126
  • 7 - THE JUDICIARY 141
  • 8 - THE SUPREME COURT 169
  • Epilogue - THE "PRECEDENT OF 1842" 193
  • Notes 207
  • BIBLIOGRAPHICAL ESSAY 235
  • Index 245
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this book

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen
/ 250

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.