On the record
It then became his sworn constitutional duty to scrutinize severely every act of congress, and to condemn, as unconstitutional, all that should violate any of these natural rights.
Said by
Lysander Spooner
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gutenberg.orgLysander Spooner: “It then became his sworn constitutional duty to scrutinize severely every act of congress, and to condemn, as…”
Editor's note · Context
Spooner asserts that it was Marshall's duty as Chief Justice to uphold the Constitution and protect natural rights.
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More from Lysander Spooner
One answer is, that this power, which juries have of judging of the law, is not a power of absolute decision in all cases.
All other laws, it is optional with each man to obey, or not, as he may choose.
There is no more absurdity in giving a jury a veto upon the laws, than there is in giving a veto to each of these other tribunals.
The will, or the pretended will, of the majority, is the last lurking place of tyranny at the present day.