Mackenzie v. Hare

In Mackenzie exactly the same argument was made that appellant urges here. Indeed, the Court uses the same opinion in this case to strike down § 352(a)(1) as was urged in Mackenzie, namely, Osborn v. Bank of the United States, 9 Wheat. 738 (1824), where Chief Justice Marshall remarked: "The constitution does not authorize Congress to enlarge or abridge... [the] rights" of citizens.