Marbury v. Madison
523
tute a rule as operative as if it was a law? This would be to overthrow in
fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.
It is emphatically the province and duty of the judicial department to
say what the law is. Those who apply the rule to particular cases mus Ё