Legal Opinion

Worthy v. Commissioners

Supreme Court of the United States

Decided February 18, 1870PublishedCited by 2 opinions

On motion to dismiss, the case was this: Section 3 of the 14th amendment to the Constitution ordains that no person shall hold office under any State, who having previously taken an oath as an executive officer of any State to support the Constitution of the United States, has engaged in rebellion against the same, or given aid and comfort to the enemies thereof; and a statute of North Carolina enacts that no one disqualified under that amendment should hold office in North…

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On motion to dismiss, the case was this: Section 3 of the 14th amendment to the Constitution ordains that no person shall hold office under any State, who having previously taken an oath as an executive officer of any State to support the Constitution of the United States, has engaged in rebellion against the same, or given aid and comfort to the enemies thereof; and a statute of North Carolina enacts that no one disqualified under that amendment should hold office in North Carolina.* These provisions being in force, it appeared that Worthy, the plaintiff in error, having received a majority…

1Opinion of the Court

The CHIEF JUSTICE

delivered the opinion of the court.

It is manifest that this court has no jurisdiction of the present cause. There was no decision by the Supreme Court of North Carolina against the validity of any treaty or act of Congress, or authority exercised under the United States; nor in favor of the validity of a statute of, or authority exercised under a State, and alleged to be repugnant to the Constitution, treaties, or laws of the United States.

It is true that, in the brief of the counsel for the plaintiff, it is urged that the right of the plaintiff is protected by the 1st…

2Cited by2 opinions

  1. Amey v. CockeyCourt of Appeals of Maryland · 1891
  2. Anderson v. GriswoldSupreme Court of Colorado · 2023

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