Luther v. Borden: Republicanism on Trial
In 1849, the US Supreme Court decided that might makes right--The only legitimate institutions are those with enough power to defend themselves.
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In 1849, the US Supreme Court decided that might makes right--The only legitimate institutions are those with enough power to defend themselves.
In his dissent from Taney's opinion, Justice Woodbury began by agreeing that the Dorr War was a political matter best left out of the courts.
Woodbury argues that the Dorr "War" presented no real threat to the Charter government and their declaration of martial law was made in error.
Justice Woodbury concludes his dissent by arguing that the states cannot usurp Congress's power to declare war in order to prevent political change.