When the Supreme Court refused Georgia's attempt to seize Cherokee lands (Wooster v. Georgia),
a defiant President Andy Jackson is said (although it's probably apocryphal)
to have responded, "John Marshall has made his decision; now let him
enforce it." Regardless of whether he said it, Jackson sent in troops
to remove the Cherokee demonstrating that he meant it.
It
was an early and powerful example of the Law of Rule. It's presented
to us as something that couldn't happen today. Today, however
grudgingly, we're told that President's listen to the courts. (In
return, of course, the courts don't deny Presidents much of what they
want.)
And then there's this, from Newt Gingrich, candidate for the Republican nomination for President, former Speaker of the House of Representatives.
I would instruct the national security officials in a Gingrich administration to ignore the Supreme Court on issues of national security.
Which
is impressive.
I mean, he hasn't even been nominated, and already he's
declaring, publicly, his intent to violate sections of the
Constitution.
Of course, it's just a campaign speech.
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