Power of Federal Judiciary Over Legislation Its Origin the Power to Set Aside

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With respect to the prohibitory provision that no duty Debates in Ratifying Conventions 71 or impost shall be laid by any particular state which is so highly in favor of us and the other non-importing states, the importing states might make laws laying duties not- withstanding, and the Constitution might be violated with impunity, if there were no power in the general government to correct and counteract such laws. This great object can only be safely and completely obtained by the instru- ment
...ality of the federal judiciary. Would not Virginia, who has raised many thousand pounds out of our citizens by her imports, still avail herself of the same advantage if there were no constitutional power to counteract her regu- lations? If cases arising under the Constitution were left to her own courts, might she not still continue the same practices? But we are now to look for justice to the con- trolling power of the judiciary of the United States. If the Virginians were to continue to oppress us by laying duties, we can be relieved by a recurrence to the general judiciary.

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