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Abstract

Decision: Monday, February 10, 1868

Advocates

Not available

Facts of the Case

The state of Georgia brought suit against the Secretary of War and two of his generals in an effort to prevent the enforcement of the Reconstruction Acts following the Civil War. The case arose under the Court's original jurisdiction.

Question

Do the military laws invoked under the Reconstruction Acts unconstitutionally deprive Georgia of its sovereignty?

Conclusion

Nelson maintained that this was a "political" question and thus out-of-bounds for judicial inquiry. Georgia sought rights of a political character, not rights of persons or property. Thus the issue was outside the domain of a law or equity court.

Cite this page

The Oyez Project, Georgia v. Stanton, 73 U.S. 50 (1868),
available at: <http://www.oyez.org/cases/1851-1900/1867/1867_0/>
(last visited ).