WASHINGTON, DC 1803 MARBURY VS. MADISON - JUSTICE
JOHN MARSHALL: "THE JUDICIAL POWER OF THE UNITED
STATES IS EXTENDED TO ALL CASES ARISING UNDER THE
CONSTITUTION. COULD IT BE THE INTENTION OF THOSE WHO
GAVE THIS POWER, TO SAY THAT, IN USING IT, THE CONSTITU-
TION SHOULD NOT BE LOOKED INTO? THAT A CASE ARISING 
UNDER THE CONSTITUTION SHOULD BE DECIDED WITHOUT 
EXAMINING THE INSTRUMENT UNDER WHICH IT ARISES?
THIS IS TOO EXTRAVAGANT TO BE MAINTAINED. CERTAINLY 
ALL THOSE WHO HAVE FRAMED WRITTEN CONSTITUTIONS 
CONTEMPLATE THEM AS FORMING THE FUNDAMENTAL AND 
PARAMOUND LAW OF THE NATION, AND CONSEQUENTLY THE
THEORY OF EVERY SUCH GOVERNMENT MUST BE, THAT AN 
ACT OF THE LEGISLATURE REPUGNANT TO THE CONSTITU-
TION, IS VOID. IT IT EMPHATICALLY THE PROVINCE AND DUTY
OF THE JUDICIAL DEPARTMENT TO SAY WHAT THE LAW IS.

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