Saturday, February 24, 2007

This Day in History: February 24

On this day in 1803, the Supreme Court, led by Chief Justice John Marshall, decides the landmark case of William Marbury versus James Madison, Secretary of State of the United States and confirms the legal principle of judicial review--the ability of the Supreme Court to limit Congressional power by declaring legislation unconstitutional--in the new nation...

In writing the decision, John Marshall argued that acts of Congress in conflict with the Constitution are not law and therefore are non-binding to the courts, and that the judiciary’s first responsibility is always to uphold the Constitution.

2 comments:

Jay.Mac said...

"acts of Congress in conflict with the Constitution are not law and therefore are non-binding to the courts, and that the judiciary’s first responsibility is always to uphold the Constitution."

Ah, if only that were still the case today.

E. David Quammen said...

It IS the case today jay.mac. And, NOTHING can change that. We The People just need to ENSURE that the TRUTH is upheld. We ARE the "Legitimate", the "Supreme", and the "Ultimate" Authority. IT IS OUR CONSTITUTION after all.