The last bastion of states rights: McClure v. Owen – Iowa, 1868 (26 Iowa 243); Ex parte Holman – Iowa, 1869 (28 Iowa 88); Knorr v. Home Ins. Co. of New York – Wisconsin, 1869 (25 Wis. 143)
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| “[The U.S. Supreme Court ] disregarded principles at
the very foundation of the federal judicial power, without the restraining
influence of which, the country will be launched upon the stormy seal of
judicial conflict between State and federal courts … Not only is the [Gelpcke]
decision … remarkable for bold disregard of precedent, but it is distinguished
… in the use of language extremely disrespectful toward the Supreme Court of a
State. It is to be hoped that it may not
be followed as a precedent for like offenses against judicial propriety.” – Justice Joseph Beck, in McClure
“It is natural enough, in view of our late rebellion, that the tendencies in the popular, and perhaps in the legal, mind should be toward a strong assertion of federal power … [But] it is a question of … doubt, whether the states the original sovereignties, hold their reserved powers wholly subject to the judgment of the federal court.” -Justice Byron Paine, in Knorr |
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