"In doing this, I shall
have occasion incidentally to evince, how true it is, that states and
governments were made for man; and at the same time how true it is,
that his creatures and servants have first deceived, next vilified,
and at last oppressed their master and maker."
[Justice Wilson, Chisholm
v. Georgia , 2 Dall. (2 U.S.) 419, 1 L.Ed. 440, 455 (1793)]
Article VI of the Constitution makes the Constitution the "supreme
Law of the Land." In 1803, Chief Justice Marshall, speaking for
a unanimous Court, referring to the Constitution as "the fundamental
and paramount law of the nation," declared in the notable case of Marbury
v. Madison, 1 Cranch 137, 177, that "It is emphatically the province
and duty of the judicial department to say what the law is." This decision declared the basic principle that the federal judiciary
is supreme in the exposition of the law of the Constitution, and that
principle has ever since been respected by this Court and the Country
as a permanent and indispensable feature of our constitutional system. It follows that the interpretation of the Fourteenth Amendment enunciated
by this Court in the Brown case is the supreme law of the land, and
Art. VI of the Constitution makes it of binding effect on the States
"any Thing in the Constitution or Laws of any State to the Contrary
notwithstanding." Every state legislator and executive and judicial
officer is solemnly committed by oath taken pursuant to Art. VI, cl.
3, "to support this Constitution." Chief Justice Taney, speaking for
a unanimous Court in 1859, said that this requirement reflected the
framers' "anxiety to preserve it [the Constitution] in full force, in
all its powers, and to guard against resistance to or evasion of its
authority, on the part of a State . . . ." Ableman v. Booth, 21 How.
506, 524.
No state legislator or executive or judicial officer can war against
the Constitution without violating his undertaking to support it. Chief
Justice Marshall spoke for a unanimous Court in saying that: "If the
legislatures of the several states may, at will, annul the judgments
of the courts of the United States, and destroy the rights acquired
under those judgments, the constitution itself becomes a solemn mockery
. . . ." United States v. Peters, 5 Cranch 115, 136. A Governor
who asserts a [358 U.S. 1, 19] power to nullify a federal
court order is similarly restrained. If he had such power, said Chief
Justice Hughes, in 1932, also for a unanimous Court, "it is manifest
that the fiat of a state Governor, and not the Constitution of the United
States, would be the supreme law of the land; that the restrictions
of the Federal Constitution upon the exercise of state power would be
but impotent phrases . . . ." Sterling v. Constantin, 287 U.S. 378, 397 -398.
[Cooper
v. Aaron, 358 U.S. 1 (1958)]
"This nation, as experience has proved, cannot always remain at peace,
and has no right to expect that it always will have wise and humane
rulers, sincerely attached to the principles of the Constitution. Wicked men, ambitious of power, with hatred of liberty and contempt
of law, may fill the place once occupied by Washington and Lincoln;
and if this right is conceded, and the calamities of war again befall
us, the dangers to human liberty are frightful to contemplate.
... For this, and other equally weighty reasons, they secured the inheritance
they had fought to maintain, by incorporating in a written Constitution the safeguards which time had proven were essential to its preservation. Not one of these safeguards can the President or Congress or the
Judiciary disturb, except the one concerning the writ of habeas
corpus."
[Ex
Parte Milligan , 71 U.S. 2, 18 L.Ed. 281, 297 (1866)]
"All systems of government
suppose they are to be administered by men of common sense and common
honesty. In our country, as all ultimately depends on the voice
of the people, they have it in their power, and it is to be presumed
they generally will choose men of this description: but if they will
not, the case, to be sure, is without remedy. If they choose fools,
they will have foolish laws. If they choose knaves, they will have knavish
ones. But this can never be the case until they are generally fools
or knaves themselves, which, thank God, is not likely ever to become
the character of the American people." [Justice Iredell] (Fries's Case
(CC) F Cas No 5126, supra.)
[Ludecke
v. Watkins , 335 U.S. 160, 92 L.Ed 1881, 1890; 68 S.Ct. 1429 (1948)]
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