Justice Chase's Argumentative Analysis

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The best ways in which to interpret the Constitution as well as how much power the court has is something that has been argued throughout legislative history. In Calder v Bull, Justice Chase and Justice Iredell have differing opinions on the matter. Chase thought that the government has no authority to interfere with an individual’s rights and the general principles of law and reason forbid the legislature from interfering. He said, “The purposes for which men enter into society will determine the nature and terms of the social compact: as they are the foundation of legislative power, they will decide what are the proper objects of it: The nature and ends of legislative power will limit the exercise of it.” (57). Justice Chase argues that …show more content…

This incorporates the idea that people band together for mutual help and safety, essentially to protect their own interest. By doing this, however, they in turn protect the interests and safety of society. Justice Iredell, on the other hand, believed that courts couldn’t ignore or strike down statutes based solely on “social compact” or natural law. He said, “The ideas of natural justice are regulated by no fixed standard: the ablest and the purest men have differed upon the subject; and all that the Court could properly say, in such an event, would be, that the Legislature had passed an act which, in the opinion of the judges, was inconsistent with the abstract principles of natural justice.” (56). He asserted the ability of the Supreme Court to review legislative acts, but on the basis of something more than the principles of “natural justice.” According to Iredell’s view, any act of the legislature that violates the constitution is …show more content…

I think that Corwin was correct because we can see both sides of the debate in several other cases in history, in which the Chasian view was not the majority, but ended up being a stronger argument if we were to look back in time from the present day. It would be interesting to use the principles argued in Calder v Bull as a lens in regards to the cases of Dred Scott v. Sanford, Plessy v Ferguson, and Lochner v New York. In all these cases, the dissenting opinions, which were in line with Chase’s view, are the way in which courts are more likely to act today. The majority opinions however, made sure that the statutes did not violate the constitution, but did not argue whether those legislations were unreasonably denying citizens their health, safety, or happiness. We can say, taking the previous concepts into account, that the general purpose of the American Constitution is shortsighted the moment we lose the focus of interpreting it as a “social compact”. The questionable

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