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Fundamental principle
Constitutional supremacy is the opposite of [[Judicial supremacy]], as judicial supremacists believe judges can remake the constitution any way they see fit.
Constitutional supremacy is the opposite of [[Judicial supremacy]], as judicial supremacists believe judges can remake the constitution any way they see fit.
==Fundamental principle==
[[John Marshall]], who expounded a belief in the supremacy of the Constitution, wrote in [[Cohens v. Virginia]]:
<blockquote>The fate of the Constitution will not then depend on judicial decisions. But, should no appeal be made to force, the States can put an end to the government by refusing to act. They have only not to elect Senators, and it expires without a struggle.<br /><br />It is very true that, whenever hostility to the existing system shall become universal, it will be also irresistible. The people made the Constitution, and the people can unmake it. It is the creature of their will, and lives only by their will.</blockquote>
Marshall correctly observes that popular sovereignty is the most fundamental of all principles, and that constitutional supremacy is a direct derivative of that sovereignty.<ref>[https://books.google.com/books?id=2Ly79RhdbgUC&pg=PA235 Human Rights, Constitutional Law and the Development of the English Legal System: Selected Essays]</ref>
==Presidential Oath==
==Presidential Oath==