Our National Constitution As Related to National Growth a Consideration of Cer
Our National Constitution As Related to National Growth a Consideration of Cer
George Wharton Pepper
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By a use of the judicial power that may well be regarded as inspired, Marshall (after Washington the greatest of Americans) found it possible to make of us a nation. By a wise exercise of the same power, Miller and Bradley, worthy successors of the great Chief Justice, have removed the barriers interposed by states to check the even flow of national commerce. Perhaps I cannot do better than describe this feature of our American system in the lan- guage of Mr. Justice Harlan in a recent case : "... The duty rests upon all courts, Federal and State, when their jurisdic- tion is properly invoked, to see to it that no right secured by the supreme law of the land is impaired or destroyed by legis- lation. This function and duty of the judiciary distinguishes the American system from all other systems of government. The perpetuity of our institutions and the liberty which is enjoyed under them depend, in no small degree, upon the power given the judiciary to declare null and void all legisla- tion that is clearly repugnant to the supreme law of the land.
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