912 Slide – American State Trials 1918 Volume X Leo Frank Document

872 X. AMERICAN STATE TRIALS.

among other things, it is declared that the Constitution shall
be the supreme law of the land. By the third article, it ia
established ‘‘that the judicial power of the United States
shall be vested in one supreme court, and in such other in-
ferior courts as Congress may from time to time ordain and
establish; and that the judicial power shall extend to ell
eases in law and equity, arising ander the Constitution and
Iawa of the United States.””

Among the cases which may arise under the Constitution,
are all the restrictions on the authority of Congress, and of
the state legislatures.

It is very clear, that the present case arises under the Con-
stitution, and also under a law of the United States, and
therefore it is the very case to which the Constitution de-
clares the judicial powers of the United States shall extend.

Tt is incontrovertible that the Constitution is the supreme
law, and therefore, it must be the rule by which the Federal
and state judges are bound to regulate their decisions, By
the sixth article of the Constitution, it is provided (among
other things) that all members of Congress, and of the sev-
eral state legislatures, and all judicial officers of the United
States, and of the several states, shall be bound by an oath or
affirmation to support the ‘Constitution. By this provision,
T understand that every person, so sworn or affirmed, prom-
ises that he will preserve the Constitution as established, and
the distribution of powers thereby granted; and that he will
not assent to any amendment or alteration thereof, but in the
mode prescribed in the fifth article; and that ke will not con-
sent to any usurpation by any one branch of the legislature
upon the other, or upon the Execntive, or by the Executive
upon either branch, or by any department or officer of gov-
ernment, of the power granted to another; or that the power
granted to either shall be exercised by others.

T also understand by this engagement, that the person
taking it, promises also that he will oppose by his example,
argument, advice, and persuasion, and by all other meana in
his power, force only excepted, any design, advice or attempt
to impair or destroy the Constitution.