David Souter Quotes
When Congress exercises the powers delegated to it by the Constitution, it may impose affirmative obligations on executive and judicial officers of state and local governments as well as ordinary citizens.
This is the opinion that established the supremacy of the Supreme Court over state courts in Constitutional matters. There was an alternative view then that states were sovereign entities and their courts decisions could not be reviewed or overridden by the Federal courts. This case settled that issue,
Marshall is famous for, as Chief Justice, establishing the principle that the Judiciary can override Congress and the Executive in determining Constitutionality. However, as this quotation illustrates this principle had been discussed in open debate on the ratification of the Constitution. It was not simply a grab for power by a Chief justice; he uttered this quotation long before he ever suspected he would be a judge but actually spent much of his career in the executive and legislative branch of government.
Soon after Jackson's reelection, delegates from South Carolina, led by John C. Calhoun, moved quickly to declare "null, void, and no law" the Tariff Act of 1832. The president's reaction to the Ordinance of Nullification was swift.
David Hackett Souter is a retired Associate Justice of the Supreme Court of the United States. He served from October 1990 to his retirement in June 2009. Appointed by US President George H. W. Bush to fill the seat that had been vacated by William J. Brennan Jr., Souter sat on both the Rehnquist and the Roberts Courts.