If the sphere of his authority and his means of action are the same as those of other judges, it may be asked whence he derives a power which they do not possess.

The cause of this difference lies in the simple fact that the Americans have acknowledged the right of the judges to found their decisions on the constitution rather than on the laws.

In other words, they have left them at liberty not to apply such laws as may appear to them to be unconstitutional.
I am aware that a similar right has been claimed--but claimed in vain--by courts of justice in other countries; but in America it is recognized by all authorities; and not a party, nor so much as an individual, is found to contest it.

This fact can only be explained by the principles of the American constitution.

In France the constitution is (or at least is supposed to be) immutable; and the received theory is that no power has the right of changing any part of it.