Page:Works of John C. Calhoun, v1.djvu/278

 all questions of a judicial character which may come before it, where the laws and treaties of the United States, and the constitution and laws of a State are in conflict or brought in question, to decide which is, or is not consistent with the constitution of the United States. But it is denied that this power is peculiar to it; or that its decision, in the last resort, is binding on any but the parties to it, and its co-departments. So far from being peculiar to it, the right appertains, not only to the Supreme Court of the United States, but to all the courts of the several States, superior and inferior; and even to foreign courts,—should a question be brought before them involving such conflict. It results, necessarily, from our system of government; where power is not only divided, but where constitutions and laws emanate from different authorities. Where this is the fact, it is the duty of the court to pronounce what is the law in the case before it;—and, of course,—where there is conflict between different laws,—to pronounce which is paramount. Now, as the constitution of the United States is, within its sphere, supreme over all others appertaining to the system, it necessarily results, that where any law conflicts with it, it is the duty of the court, before which the question arises, to pronounce the constitution to be paramount. If it be the Supreme Court of the United States, its decision,—being that of the highest judicial tribunal, in the last resort, of the parties to the case or controversy,—is, of course, final as it respects them,—but only as it respects them. It results, that its decision is not