–John Marshall, Marbury v. Madison, 1803
Thursday, December 12, 2013
Words Of Wisdom
"It
is emphatically the province and duty of the Judicial Department to say what
the law is. Those who apply the rule to particular cases must, of necessity,
expound and interpret that rule. If two laws conflict with each other, the
Courts must decide on the operation of each. So, if a law be in opposition to
the Constitution, if both the law and the Constitution apply to a particular
case, so that the Court must either decide that case conformably to the law,
disregarding the Constitution, or conformably to the Constitution, disregarding
the law, the Court must determine which of these conflicting rules governs the
case. This is of the very essence of judicial duty. If, then, the Courts are to
regard the Constitution, and the Constitution is superior to any ordinary act
of the Legislature, the Constitution, and not such ordinary act, must govern
the case to which they both apply."
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