''Georgia v. Stanton aka The Library Case'', 73 U.S. (6 Wall.) 50 (1868), was a case in which the

Supreme Court of the United States The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

held that the court does not hold

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jur ...

over the ''political'' question of enforcement of the

Reconstruction Acts The Reconstruction Acts, or the Military Reconstruction Acts, (March 2, 1867, 14 Stat. 428-430, c.153; March 23, 1867, 15 Stat. 2-5, c.6; July 19, 1867, 15 Stat. 14-16, c.30; and March 11, 1868, 15 Stat. 41, c.25) were four statutes passed duri ...

against the Southern States.. The court did recognize its

original jurisdiction In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Sup ...

in the matter and its ability to decide issues of the rights of persons or property. Nevertheless, the case before it was not one of persons or property, but the political question of whether the

federal government A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism). In a federation, the self-governin ...

could annul state governments and replace them with new ones. Since it found that the issue raised by the three Southern States was a political one, the court decided it did not possess jurisdiction over the subject matter of the case.

Background

In an attempt to prevent the enforcement of the

following the civil war, the state of Georgia filed suit against the

Secretary of War The secretary of war was a member of the U.S. president's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War", had been appointed to serve the Congress of the ...

and two of his generals. "The case arose under the Court's original jurisdiction."

References

External links

* * 1868 in United States case law United States Supreme Court cases United States Supreme Court cases of the Chase Court Reconstruction Era Legal history of Georgia (U.S. state) {{SCOTUS-case-stub

Background

See also

References

External links