government upon which our Union is maintained and upon which our race has
won the liberty secured by law for which it has stood foremost in the
world.

Lincoln covered this subject in one of his comprehensive statements that
cannot be quoted too often. He said in the first inaugural:

"A majority held in restraint by constitutional checks and limitations
and always changing easily with deliberate changes of popular opinion
and sentiments the only true sovereign of a free people. Whoever
rejects it does of necessity fly to anarchy or despotism."

Rules of limitation, however, are useless unless they are enforced. The
reason for restraining rules arises from a tendency to do the things
prohibited. Otherwise no rule would be needed. Against all practical rules
of limitation--all rules limiting official conduct, there is a constant
pressure from one side or the other. Honest differences of opinion as
to the extent of power, arising from different points of view make this
inevitable, to say nothing of those weaknesses and faults of human nature
which lead men to press the exercise of power to the utmost under the
influence of ambition, of impatience with opposition to their designs, of
selfish interest and the arrogance of office. No mere paper rules will
restrain these powerful and common forces of human nature.

The agency by which, under our system of government, observance of
constitutional limitation is enforced is the judicial power. The
constitution provides that "This constitution, and the laws of the United
States which shall be made in pursuance thereof, and all treaties made, or
which shall be made, under the authority of the United States, shall be
the supreme law of the land; and the judges in every state shall be bound