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No Right Secured By The Supreme Law Of The Land Is Impaired Or Destroyed

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  • Legalbear
    The duty rests upon all courts, Federal and state, when their 528*528 jurisdiction is properly invoked, to see to it that no right secured by the supreme law
    Message 1 of 1 , May 14 10:07 PM
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      The duty rests upon all courts, Federal and state, when their 528*528 jurisdiction is properly invoked, to see to it that no right secured by the supreme law of the land is impaired or destroyed by legislation. 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 legislation that is clearly repugnant to the supreme law of the land.  Smyth v. Ames, 169 US 466, 527-8 (1898).

       

       

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