The Rule of Law
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authority—God. Should an act of parliament be against any of His natural laws, which are immutably true, their declaration would be contrary
to eternal truth, equity and justice, and consequently void.
Similar arguments were made by the State supreme court judges after
1776. Their attempts to nullify legislative enactments through the power
of judicial review were largely unsuccessful, however, because most early
State constitutions, like the English Constitution, followed the doctrine of
legislative supremacy. Acts passed by the State legislatures were expected
to conform to the State constitutions. But there were no provisions calling
for the supremacy of the State’s constitution over laws passed by the legislature should the judges decide that a law conflicted with the State’s constitution. Thus, the absence of a supremacy clause in these State constitutions rendered the power of jud