Joseph McKenna, Lampasas v. Bell — Opinion of the Court
“ The objection of unconstitutionality of a statute must be made by one having the right to make it, not by a stranger to its grievance. 'To this extent only is it necessary to go in order to secure and protect the rights of all persons against the unwarranted exercise of legislative power, and to this extent only, therefore, are courts of justice called on to interpose.' Wellington, Petitioner, 16 Pick. ”
Joseph McKenna, Lampasas v. Bell — Opinion of the Court
“ But the claim must be real and substantial. A mere claim in words is not enough. We said by the Chief Justice in Western U. Teleg. Co. v. Ann Arbor R. Co. 178 U.S. 239, 44 L. ed. 1052, 20 Sup. Ct. Rep. 867: 'When a suit does not really and substantially involve a dispute or controversy as to the effect or construction of the Constitution or laws of the United States, upon the determination of which the result depends, it is not a suit arising under the Constitution or laws. ”
