| Georgia v. Stanton | |
|---|---|
 | |
| Decided February 10, 1868 | |
| Full case name | Georgia, Florida, and Alabama v. Stanton, Secretary of War; Grant, General of the Army, and Pope, Major-General, assigned to the command of the Third Military District |
| Citations | 73U.S.50 (more) |
| Holding | |
| The Supreme Court lacks jurisdiction over federal government action under theReconstruction Acts. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Nelson, joined by Grier, Clifford, Swayne, Miller, Davis, Field |
| Concurrence | Chase |
Georgia v. Stanton, 73 U.S. (6 Wall.) 50 (1868), also called theLibrary Case, was acase in which theSupreme Court of the United States held that the court does not holdjurisdiction over thepolitical question of enforcement of theReconstruction Acts against the Southern States.[1] The court did recognize itsoriginal jurisdiction 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 thefederal government 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.[2]
In an attempt to prevent the enforcement of theReconstruction Acts following the civil war, the state of Georgia filed suit against theSecretary of War and two of his generals. "The case arose under the Court's original jurisdiction."[2]
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