Monday, September 28, 2015

Power of judicial review; supremacy of the Supreme Court. - Marbury v. Madison | US Law | LII / Legal Information Institute








"x x x.

The authority given to the Supreme Court by the act establishing the judicial system of the United States to issue writs of mandamus to public officers appears not to be warranted by the Constitution.

It is emphatically the 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 the rule. If two laws conflict with each other, the Court must decide on the operation of each.

If 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.

x x x."

Marbury v. Madison


5 U.S. 137
Marbury v. Madison ()
Argued:
Decided:
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