ordinarily be first pronounced by the highest authority that can
speak for the judicial department. So far, however, as the
question of power or jurisdiction is concerned, a justice of the
peace, in trying a five-dollar case, has the same authority to
disregard a statute, whether it be one enacted by the State
legislature or by Congress, if he deems it unconstitutional,
which belongs to the full bench of the Supreme Court of the
United States. If he is wrong, the only remedy is by appeal.

The number of statutes which have been judicially pronounced in
whole or part invalid in the United States is very large. Among
the Acts of Congress which have fallen in this manner and have
been made the subject of elaborate opinions may be mentioned the
provision in the original Judiciary Act giving the Supreme Court
of the United States greater original jurisdiction than the
Constitution provided;[Footnote: Marbury _v._ Madison, I
Cranch's Reports, 137.] the Act of 1865, excluding from practice
in the United States courts attorneys who could not take the
"iron-clad oath" that they had not supported the South in the
Civil War;[Footnote: _Ex parte_ Garland, 4 Wallace's
Reports, 333.] the Legal Tender Act of 1866;[Footnote: Hepburn
_v._ Griswold, 8 Wallace's Reports, 603, overruled in the
Legal Tender Cases, 12 Wallace's Reports, 457.] the Act of 1870,
to protect the colored voter;[Footnote: United States _v._
Reese, 92 U. S. Reports, 214.] the Civil Rights Act of
1875;[Footnote: United States _v._ Stanley, 109
U. S. Reports, 3.] the Trade Mark Act of 1876,[Footnote: The
Trade Mark Cases, 100 U. S. Reports, 82.] and the Income Tax Act
of 1894.[Footnote: Pollock _v._ Farmers' Loan and Trust Co.,
157 U. S. Reports, 429.] Fifteen others of less importance have