“[I]f a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs…
Tag: Marbury v. Madison
The Great Supreme Court Debate
One of, if not the main duty of the Supreme Court is safeguarding Constitutional guarantees. Is the Court, however, the most important political branch of the government as well? For those who followed the Third Presidential Debate one could surely surmise such was and is the case. From a rule of law perspective, the Court’s…