John Marshall Quotes
The constitution controls any legislative act repugnant to it.
Marshall, John. Marbury v. Madison. 5 U.S. (1 Cranch) 137. Supreme Court of the United States. 1803.
Marshall did not crate this concept or some its phraseology out of whole cloth. See Rufus King {610245} for a Constitutional Convention basis for the statement.
One of the conundrums of our constitutional system is who has the last word as to what the Constitution means. Essentially it is the judicial branch headed by the Supreme Court. But there are those who believe that the current popular majority should have a say in what is or is not constitutional. If so the legislative branch should have the last word. Still others say that the President is the only person elected by ALL the people, so his opinion most reflects the will of the public. And then there are most who argue that the Constitutional system was created just to avoid the power of currently popular majorities, and the courts should decide based on the Constitution itself. So the statement has very little meaning except that Phillips thinks that the courts have too much power. Whoever gets to decide what is or is not Constitutional will be accused of being “over” the Constitution by those who don’t like the decisions. In our system, that is the courts.
See John Marshall's later (1803) use of the concept and term "repugnant." {606483}
John Marshall was an American politician and lawyer who served as the fourth Chief Justice of the United States from 1801 to 1835. Marshall remains the longest-serving chief justice and fourth-longest serving justice in Supreme Court history, and he is widely regarded as one of the most influential justices to ever sit on the Supreme Court. Prior to joining the Supreme Court (and for one month simultaneous to his tenure as Chief Justice), Marshall served as the United States Secretary of State under President John Adams.
