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What did Marshall mean by it is duty of the judicial department to say what the law is?
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What did Marshall mean by the phrase it is emphatically the province and duty of the judicial department to say what the law is?
Marbury v. Madison, 5 US 137 (1803)Chief Justice John Marshall made that statement in the opinion of the Court in Marbury v. Madison:"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 must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. So if 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 the case. This is of the very essence of judicial duty."
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