Subject:
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Re: One nation, indivisible, with liberty and justice for all.
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Tue, 2 Jul 2002 20:52:17 GMT
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Viewed:
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3578 times
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In lugnet.off-topic.debate, Christopher L. Weeks writes:
> I'm not looking up the specifics, but as I recall, in the first years of the
> Supreme Court, maybe during the reign of Madison(?), the court decided that
> some big name law passed by Congress (that we should all remember, but I • can't)
> was unconstitutional. That was the first time and the power was not in their
> mandate. But everyone let it happen, so it was magically their highest
> function.
>
> I expect Lindsay or Richard (or someone) will correct me with the real story.
Unless I fill in the blanks first...
It was Marbury v. Madison in 1803.
From http://newdeal.feri.org/court/cushman.htm :
The new Constitution declared itself to be the "supreme law
of the land a fundamental law binding upon state and federal
officers alike. To make effective this concept of the
Constitution, the Supreme Court, after putting out one or two
hesitant feelers, boldly announced in 1803 in the case of
Marbury v. Madison [1] that it was the organ of government to
maintain the supremacy of the Constitution and that in the
exercise of its judicial work of applying the law in cases
brought before it, it would invalidate acts of Congress which
were in conflict with the Constitution.
So it was during Jefferson's presidency. Madison was Jefferson's Secretary of
State at the time.
Chris
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