Supreme People's Court

“ The question to be determined is, whether this State, so respectable, and whose claim soars so high, is amenable to the jurisdiction of the Supreme Court of the United States? This question, important in itself, will depend on others, more important still; and, may, perhaps, be ultimately resolved into one, no less radical than this—“do the people of the United States form a Nation?”
A cause so conspicuous and interesting, should be carefully and accurately viewed from every possible point of sight; I shall examine it, 1st. By the principles of general jurisprudence. ”

“ It is interesting to observe that this Court, safeguarded against popular clamor and composed of judges appointed for life, has consistently shown itself more progressive and more responsive to modern ideas than have most of the state Supreme Courts whose members are elected directly by the people and for limited terms only. ”

“ The judiciary consists of the agent, and a competent number of justices of the peace, who are appointed by him, and two of whom, together with the agent, constitute the Supreme Court. A single justice has jurisdiction in small criminal cases, and in all civil cases where the claim does not exceed twenty dollars.
Male colored people, at twenty years of age, are entitled to vote, if they hold land in their own right, or pay a tax of one dollar. Every emigrant must sign a pledge to support the constitution, and to refrain from the use of ardent spirits, except in case of sickness. ”

“ If our suffering from such errors is less than that of other people, it is doubtless because the Supreme Court has always had the power and will to interpose the shield of the Constitution between the ephemeral follies prompted by temporary difficulties, and remedies that endanger freedom. ”

“ Judges of the International Commercial Court shall be selected and appointed by the Supreme People's Court from the senior judges who are experienced in trial work, familiar with international treaties, international usages, and international trade and investment practices, and capable of using Chinese and English proficiently as working languages. ”

“ A corporation is a mere creature of the King, or of Parliament; very rarely of the latter; most usually of the former only. It owes its existence, its name, and its laws, (except such laws as are necessarily incident to all corporations merely as such) to the authority which create it. A State does not owe its origin to the Government of the United States, in the highest or in any of its branches. It was in existence before it. It derives its authority from the same pure and sacred source as itself: The voluntary and deliberate choice of the people. ”

“ On the question of abortion, the Constitution is therefore neither pro-life nor pro-choice. The Constitution is neutral and leaves the issue for the people and their elected representatives to resolve through the democratic process in the States or Congress—like the numerous other difficult questions of American social and economic policy that the Constitution does not address.
Because the Constitution is neutral on the issue of abortion, this Court also must be scrupulously neutral. ”

“ Hence the haughty notions of state independence, state sovereignty, and state supremacy. In despotic Governments, the Government has usurped, in a similar manner, both upon the state and the people: Hence all arbitrary doctrines and pretensions concerning the Supreme, absolute, and incontrolable, power of Government. In each, man is degraded from the prime rank, which he ought to hold in human affairs: In the latter, the state as well as the man is degraded. Of both degradations, striking instances occur in history, in politics, and in common life. ”

“ Much less is it our place to make everything come out right when Congress does not do its job properly. It is up to Congress to design its laws with care, and it is up to the people to hold them to account if they fail to carry out that responsibility.
Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act’s limitation of tax credits to state Exchanges. If Congress values above everything else the Act's applicability across the country, it could make tax credits available in every Exchange. ”

“ Such objections would not correspond with the equal rights we claim; with the equality we profess to admire and maintain, and with that popular sovereignty in which every citizen partakes. Grant that the Governor of Delaware holds an office of superior rank to the Mayor of Philadelphia, they are both nevertheless the officers of the people; and however more exalted the one may be than the other, yet in the opinion of those who dislike aristocracy, that circumstance cannot be a good reason for impeding the course of justice. ”

“ Let a State be considered as subordinate to the people: But let every thing else be subordinate to the State. The latter part of this position is equally necessary with the former. For in the practice, and even at length, in the science of politics there has very frequently been a strong current against the natural order of things, and an inconsiderate or an interested disposition to sacrifice the end to the means. As the State has claimed precedence of the people; so, in the same inverted course of things, the Government has often claimed precedence of the State ”

“ They made Congress, not this Court, responsible for both making laws and mending them. This Court holds only the judicial power—the power to pronounce the law as Congress has enacted it. We lack the prerogative to repair laws that do not work out in practice, just as the people lack the ability to throw us out of office if they dislike the solutions we concoct. ”

“ The powers of sovereignty were then lodged with Congress, under whose authority a council of safety had been elected by the people, and were employed, in conjunction with other committees, to conduct the war, and to secure, as far as so imperfect a system could, the rights of life, liberty, and property, within this state. It is certain, indeed, that a formal compact is not a necessary foundation of government ”

“ It is this neutrality the Court abandons today when it treats New York's coercive system as a program which merely 'encourages religious instruction or cooperates with religious authorities.' The abandonment is all the more dangerous to liberty because of the Court's legal exaltation of the orthodox and its derogation of unbelievers.
Under our system of religious freedom, people have gone to their religious sanctuaries not because they feared the law but because they loved their God. ”

“ As little can it be seriously questioned that, inasmuch as all our judges, from the highest to the lowest are lawyers; or ought to be, as they are always ready enough to acknowledge—they constitute the supreme judiciary; another third part of our whole sovereignty as a people. ”

“ In the present case, however, the majority’s resolution of the merits question (“legislature” means “the people”) is so outrageously wrong, so utterly devoid of textual or historic support, so flatly in contradiction of prior Supreme Court cases, so obviously the willful product of hostility to districting by state legislatures, that I cannot avoid adding my vote to the devastating dissent of the Chief Justice. ”

“ Would a manufacturer of flashlights have to warn about the risks associated with leaking batteries? Would a seller of hot dog buns have to warn about the health risks of consuming processed meat? Just the threat of litigation and liability would force many manufacturers of safe products to spend time and money educating themselves and writing warnings about the dangers of other people’s more dangerous products. All this would, as well, threaten to leave consumers worse off. ”

“ It is good to be back in the People's House. But this cannot be a real homecoming. Under the Constitution, I now belong to the executive branch. The Supreme Court has even ruled that I am the executive branch—head, heart, and hand. ”

“ Just as the learned gentleman is glorying in the supremacy of the Judicial body of the United States over Congress, Presidents, and Legislatures, the course of events exhibits that Supreme Court as a mere nullity in the body politic, unable to take cognizance, or unwilling to act in regard to matters which are tearing the Constitution into atoms. ”

“ When looking for a tribunal fitted by its character and recognized authority to act as the great umpire of political parties in determining the result of a disputed Presidential election we find only one—it is the Supreme Court of the United States. ”