Civil Government of the United States And the State of Missouri

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Its authority to do that is primarily found in the oath of its judges. The Constitution binds the judges of that Court (and all other public officers) "by an oath or affirmation to support this Constitution. " Their plain duty then, when a law comes before them to be enforced, is to determine whether or not it is constitutional, and if they de- clare it is not, that is the end of it. The laws of Congress for a long time have directed the attention of this court to the duty of determining the co...nstitutionality of a law of Con- gress or of any particular State, and for an equally long time all the people have assumed that that duty most appropri- ately belongs to that highest judicial body. Hence, it may be truthfully said that it is the especial duty of this court to guard the Constitution, and that whenever it fails to nullify any law that conflicts with the true meaning and purpose of the Constitution that instrument will to that extent be of no value to the people.
164. Tenure of Office.


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