Comment: Marbury v. Madison, 5 U.S. 137 (1803)

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Marbury v. Madison, 5 U.S. 137 (1803)

This is one of the leading cases in the history of the U.S. The opinion of the court was “Anything that is in conflict is null and void of law; Clearly for a secondary law to come in conflict with the supreme law was illogical; for certainly the supreme law would prevail over any other law, and certainly our forefathers had intended that the supreme law would be the basis for all laws, and for any law to come in conflict would be null and void of law.

It would bear no power to enforce, it would bear no obligation to obey, it would purport to settle as though it had never existed, for unconstitutionality would date from the enactment of such a law, not from the date so branded by a court of law. No courts are bound to uphold it, and no citizens are bound to obey it. It operates as a mere nullity or a fiction of law, which means it doesn't exist in law.”