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We have taken into consideration the Letter written to us by your Direction, on the 18th Instant, by the Secretary of State. The Question “whether the public may with propriety be availed of the advice of the Judges, on the Questions alluded to?[”] appears to us to be of much Difficulty as well as Importance—as it affects the judicial Department, we feel a Reluctance to decide it, without the...
We have considered the previous Question stated in a Letter written to us by your Direction, by the Secretary of State, on the 18th of last month. The Lines of Separation drawn by the Constitution between the three Departments of Government—their being in certain Respects checks on each other—and our being Judges of a court in the last Resort—are Considerations which afford strong arguments...