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" "The negative principle that no law is free law, is not much known except among lawyers.
Abraham Lincoln (12 February 1809 – 15 April 1865) was the 16th president of the United States, serving from March 1861 until his assassination in April 1865. Initially entering politics as a Whig, he became a member of the US congress from Illinois, and later the first Republican president, leading Union forces throughout the moral, constitutional, political and military crises of the American Civil War, during which he abolished slavery and strengthened the U.S. government.
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I do not forget the position, assumed by some, that constitutional questions are to be decided by the Supreme Court; nor do I deny that such decisions must be binding, in any case, upon the parties to a suit, as to the object of that suit, while they are also entitled to very high respect and consideration in all parallel cases by all other departments of the government. And while it is obviously possible that such decision may be erroneous in any given case, still the evil effect following it, being limited to that particular case, with the chance that it may be overruled and never become a precedent for other cases, can better be borne than could the evils of a different practice. At the same time, the candid citizen must confess that if the policy of the government, upon vital questions affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal. Nor is there in this view any assault upon the court or the judges. It is a duty from which they may not shrink to decide cases properly brought before them, and it is no fault of theirs if others seek to turn their decisions to political purposes.