“Since I have been charged with openly declaring a purpose to
violate the Constitution, and to break the oath which I have
taken at that desk, I shall be pardoned for showing simply how
a few plain words will put all this down.”
I next proceeded to cite the memorable veto by President Jackson, in
1832, of the Bank of the United States. It will be remembered that
to his course at that critical time were opposed the authority of the
Supreme Court and his oath to support the Constitution,--precisely as
the Senator from Illinois now, with ignorance, or with want of logic
greater than his ignorance, undertakes to revile me. Here is the
triumphant reply of President Jackson:--
“If the opinion of the Supreme Court covered the whole ground
of this Act, it ought not to control the coördinate authorities
of this Government. The Congress, the Executive, and the
Court must, each for itself, be guided by its own opinion of
the Constitution. _Each public officer, who takes an oath to
support the Constitution, swears that he will support it as
he understands it, and not as it is understood by others._
It is as much the duty of the House of Representatives,
of the Senate, and of the President, to decide upon the
constitutionality of any bill or resolution which may be
presented to them for passage or approval, as it is of the
Supreme Judges, when it may be brought before them for
judicial decision.… The authority of the Supreme Court must
not, therefore, be permitted to control the Congress or the
Executive, when acting in their legislative capacities, but to
have only such influence as the force of their reasoning may
deserve.”