[369] Stuart vs. Laird, 1 Cranch, 309.
[370] The next case in which the Supreme Court overthrew an act of Congress was that of Scott vs. Sandford—the famous Dred Scott case, decided in 1857. In this case the Supreme Court held that Congress had no power to prohibit slavery in the territory purchased from France in 1803 (the Louisiana Purchase), and that the Act of March 6, 1820, known as the Missouri Compromise, was unconstitutional, null, and void. (See Scott vs. Sandford, 19 Howard, 393 et seq.)
[371] The President can veto a bill, of course, on the ground of unconstitutionally; but, by a two thirds vote, Congress can pass it over the Executive's disapproval.
[372] Carson, i, 203; and see especially Adams: U.S. i, 192.
[373] 1 Cranch, 154.
[374] This seems to have been inaccurate. Compare Lee's argument with Marshall's opinion.
[375] 1 Cranch, 158.
[376] 1 Cranch, 160.
[377] Ib. 162.
[378] Ib. 163.