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

Search for:

Reading Time: 3 minutes [370 words]

Here is the translated text as follows:

Among other things, it is declared that the Constitution shall be the supreme law of the land. By the third article, it is established that "the judicial power of the United States shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish; and that the judicial power shall extend to all cases in law and equity, arising under the Constitution and laws 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 Constitution, and also under a law of the United States. Therefore, it is precisely the type of case to which the Constitution declares the judicial powers of the United States shall extend.

It 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 several 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, I understand that every person so sworn or affirmed promises that they will preserve the Constitution as established, and the distribution of powers thereby granted. They will not assent to any amendment or alteration thereof, except in the mode prescribed in the fifth article. They will not consent to any usurpation by any one branch of the legislature upon the other, or upon the Executive, or by the Executive upon either branch, or by any department or officer of government, of the power granted to another; nor will they allow the power granted to one to be exercised by others.

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