...defined and limited; and that those limits may not be forgotten, the constitution is written . . . Certainly, all those who have framed written constitutions...court, as one of the fundamental principles of our society.28 It may seem paradoxical that Marshall's decision, which establishes the principle of judicial...

...written constitution explicitly designed to safeguard these limitations. "Certainly," Marshall added, "all those who have framed written constitutions contemplate...legislature, repugnant to the Constitution, is void." 16 More specifically, it was the duty of the judicial branch represented by the highest court to implement...

...legislature," though legislative power is vested only in those qualified and elected. "5 US (1 Cranch) at 177 ("Certainly, all those who have framed written constitutions...forming the fundamental and paramount law of the nation . . . ."). 52U.S. CONST, art. VI, para. 2. "Cooper v. Telfair, 4 US (4 Dall.) 14, 18 (1800) (separate...

...are, by the constitution and laws, submitted to the executive, can never be made in this court. . . . Certainly all those who have framed written constitutions...legislature, repugnant to the constitution is void. ... It is emphatically the province and the duty of the judicial department to say what the law is.105...

...Madison. This precedent was created under the impulse of John Marshall (d. 1835). It was he who wrote that 'certainly all those who have framed written constitutions...legislature repugnant to the constitution is void'. Article VI(2) of the Constitution of 1787 had laid down: 'This Constitution . . . shall be the supreme...

...later ages would apply to their own, altered circumstances. . . . Unless one accepts the idea that "those who have framed written constitutions contemplate...fundamental and paramount law of the nation" . . . and also accepts the abiding vitality of the great principles of republicanism, liberty, the public good,...

...Justice John Marshall insisted on the fact that the document was a "written Constitution" and that "all those who have framed written constitutions contemplate...legislature, repugnant to the constitution, is void" (at 177). 275 See Dicey, supra, ni, 73-4. 276 Brun and Tremblay, supra, ng, 585. 277 Gibson, "The 'Special...

...intended to be restrained?"9 He said that the theory of every government with a written Constitution "must be, that an act of the legislature, repugnant...is essentially attached to a written constitution. . . ." Moreover, "it is apparent, that the framers of the constitution contemplated that instrument,...

...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,,...this court as one of the fundamental principles of society. It is not, therefore, to be lost sight of in the further consideration of this subject. "...

...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...legislature, repugnant to the constitution, is void ... . If, then, the .courts are to regard the constitution, and the constitution is superior to any...