CH. XLII.]
SUPREMACY OF LAWS.
701
that the binding obligation of treaties was affirmatively settled.[1]
§ 1836. From this supremacy of the constitution and laws and treaties of the United States, within their constitutional scope, arises the duty of courts of justice to declare any unconstitutional law passed by congress or by a state legislature void. So, in like manner, the same duty arises, whenever any other department of the national or state governments exceeds its constitutional functions.[2] But the judiciary of the United States has no general jurisdiction to declare acts of the several states void, unless they are repugnant to the constitution of the United States, notwithstanding they are repugnant to the state constitution.[3] Such a power belongs to it only, when it sits to administer the local law of a state, and acts exactly, as a state tribunal is bound to act.[4] But upon this subject it seems unnecessary to dwell, since the right of all courts, state as well as national, to declare unconstitutional laws void, seems settled beyond the reach of judicial controversy.[5]- ↑ Serg. on Const. ch. 33, p. 402, (2d edit. ch. 34, p. 411); 2 Elliot's Deb. 273 to 279.—Upon this occasion, a most admirable speech was delivered by the late William Pinkney, in which his great powers of reasoning and juridical learning had an ample scope. See Wheaton's Life of Pinkney, p. 517.
- ↑ Marbury v. Madison, 1 Cranch, 137, 176.
- ↑ Calder v. Ball, 3 Dall. R. 380; S. C. 1 Peters's Cond. R. 172, 177.
- ↑ Satterlee v. Matthewson, 2 Peters's Sup. R. 380, 413.
- ↑ See Serg. on Const. ch. 33, p. 391, (2d edit. ch. 34, p. 401); 1 Kent's Comm. Lect. 20, p. 420, 421, (2d edit. p. 448, 449, 450.)
