If the former part of the alternative be true, then a legislative act
contrary to the Constitution is not law; if the latter part be true,
then written constitutions are absurd attempts, on the part of the
people, to limit a power in its own nature illimitable.
Certainly, all those who have framed written constitutions contemplate
them as forming the fundamental and paramount law of the nation, and,
consequently, the theory of every such government must be, that an act
of the legislature repugnant to the Constitution is void.
Marshall goes on to refute the argument that the Supreme Court should
concern itself only with interpreting the law, regardless of the
Constitution. Then he quotes specific passages from the Constitution:
It is declared that “no tax or duty shall be laid on articles exported
from any state.” Suppose a duty on the export of cotton, of tobacco,
or of flour; and a suit instituted to recover it. Ought judgment to be
rendered in such a case? Ought the judges to close their eyes on the
Constitution and only see the law?...
“No person,” says the Constitution, “shall be convicted of treason,
unless on the testimony of two witnesses to the same _overt_ act, or
on confession in open court.” Here the language of the Constitution is
addressed especially to the courts. It prescribes directly for them, a
rule of evidence not to be departed from. If the legislature should
change that rule and declare one witness, or a confession out of
court, sufficient for conviction, must the constitutional principle
yield to the legislative act?
From these, and many other selections which might be made, it is
apparent that the framers of the Constitution contemplated that
instrument as a rule for the government of _courts_ as well as of the
legislature.
Why otherwise does it direct the judges to take an oath to support it?
This oath certainly applies in an especial manner to their conduct in
their official character. How immoral to impose it on them if they
were to be used as the instruments, and the knowing instruments, for
violating what they swear to support!
At the end of the decision the Chief Justice concluded that the language
of the Constitution confirmed and strengthened the principle essential
to all written constitutions “that a law repugnant to the Constitution
is void.”
The Louisiana Purchase
Public-domain text, read in full here on John Shaqi.
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