And, so far as I know, he never declared a single State law unconstitutional, on account of its injustice, or its violation of men's natural rights; but only on account of its conflict with the constitution, laws, or treaties of the United States.
Spooner points out that Marshall's judicial decisions were based on constitutional conflicts rather than justice or rights.
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It was simply, that they would neither convict the innocent, nor acquit the guilty.
They are every day committing errors, which would be crimes, but for their ignorance of the law.
The answer is, that they are as reliable for that purpose as are the majority; they are as much presumed to have associated, and are as likely to have associated, for that object, as are the majority; and they have as much interest in such…
The people considered their jurisprudence as a part of their inheritance.