In this second of two selections from Smith’s decision In re Booth (1854), Justice Smith verbally elaborated before the court his earlier written decision. Smith argues that state judges have obligations and duties to protect the rights of citizens regardless of the unconstitutional pronouncements of the Supreme Court and the Congress of the United States.

Classics of Liberty is narrated by Caleb O. Brown, written by Anthony Comegna, and produced by Mark McDaniel.

Source: Dixon, ed. Reports of Cases Argued and Determined in the Supreme Court of the State of Wisconsin, with Tables of the Cases and Principal Matters. Abram D. Smith, Official Reporter. Vol. III, Containing Cases Decided at the June and December Terms, 1854. Chicago: Callaghan & Company, Law Publishers. 1875. 13-134. See also: Dunley, Ruth. “A.D. Smith: Knight-Errant of Radical Democracy,” (PhD Diss.). The University of Ottowa. 2008.

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