21
behoove us to act. Our duty is clear’. (Annals of
Congress, II: 434-436). Two weeks later after hearing
William
Marbury’s
Commission
as
a
justice
of
the
peace, John Marshall pronounced the most important
decision in Supreme Court’s history.
Marshall effectively amended the constitution by
assuming the power of judicial review for the Supreme
Court, allowing it to void an Act of Congress it
deemed
unconstitutional.
constitution
repugnant
had
to
the
the
Nowhere
Framers
constitution
in
the
written
is
American
‘that
void’
a
or
law
given
Supreme Court the power to void a law. In Marbury,
the Supreme Court declared both the President and
Secretary
of
constitution,
State
and,
guilty
for
the
of
first
violating
time,
it
the
voided
part of an Act of Congress (John Marshall – P-210).
President Jefferson claimed in Marbury ‘Nothing
in the constitution has given them the right.... to
decide what laws are constitutional and what not.’
Such powers ‘would make judiciary a despotic branch.’
(Thomas
Jefferson
1804, 12:162).
to
Abigail
Adams,
September
11,