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The rationale doesn't matter; Constitutionality does.


I was taught in public school that determining Constitutionality was what the Supremes did for a living.

A timely ruling in this case might possibly have saved a lot of bloodshed later on. Tho' Jackson of course was famously no respecter of the Supreme Court.

Birdwatcher


"...if the gentlemen of Virginia shall send us a dozen of their sons, we would take great care in their education, instruct them in all we know, and make men of them." Canasatego 1744