“It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other, the courts must decide on the operation of each…This is of the very essence of judicial duty.”

5 U.S. (1 Cranch) 137, 178
Marbury v. Madison (1803)

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John Marshall41

fourth Chief Justice of the United States 1755–1835

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“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... 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 the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)

“I think [that] '[t]he judicial Power of the United States' conferred upon this Court 'and such inferior courts as Congress may establish', must be deemed to be the judicial power as understood by our common-law tradition. That is the power 'to say what the law is', Marbury v. Madison, 1 Cranch 137, 177 (1803), not the power to change it.”

Antonin Scalia (1936–2016) former Associate Justice of the Supreme Court of the United States

James M. Beam Distilling Co. v. Georgia, 501 U.S. 529 http://straylight.law.cornell.edu/supct/html/89-680.ZC3.html (1991) (concurring). <br class="br">1990s

“Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.”

John Marshall (1755–1835) fourth Chief Justice of the United States

Osborn v. Bank of the United States, 22 U.S. (9 Wheaton) 738, 866 (1824)

“We are black, it is true, but tell us, gentle men, you who are so judicious, what is the law that says that the black man must belong to and be the property of the white man?”

Toussaint Louverture (1743–1803) Leader of the Haitian Revolution

Letter to the General Assembly (1792)

“It is our duty to fight for our freedom.
It is our duty to win.
We must love each other and support each other.
We have nothing to lose but our chains.”

Assata Shakur (1947) American activist who was a member of the Black Panther Party and Black Liberation Army

To My People (July 4, 1973)
Source: Assata: An Autobiography

“Should Congress, in the execution of its powers, adopt measures which are prohibited by the constitution; or should Congress, under the pretext of executing its powers, pass laws for the accomplishment of objects not entrusted to the government; it would become the painful duty of this tribunal, should a case requiring such a decision come before it, to say that such an act was not the law of the land. But where the law is not prohibited, and is really calculated to effect any of the objects entrusted to the government, to undertake here to inquire into the degree of its necessity, would be to pass the line which circumscribes the judicial department, and to tread on legislative ground. This court disclaims all pretensions to such a power.”

John Marshall (1755–1835) fourth Chief Justice of the United States

17 U.S. (4 Wheaton) 316, 423. Regarding the Supreme Courts judicial review power in the context of the Necessary and Proper Clause.
McCulloch v. Maryland (1819)

“For the highest exercise of judicial duty is to subordinate one's personal pulls and one's private views to the law of which we are all guaradians - those impersonal convictions that made a society a civilized community, and not the victims of personal rule.”

Felix Frankfurter (1882–1965) American judge

A Heritage For All Who Love The Law 51 ABAJ 330 (1965); quoted by United States Senator Howell Heflin during the confirmation debate for Justice David Souter, on September 24, 1990, S13540.
Other writings

“The State oppresses and the law cheats.
Tax bleeds the unfortunate.
No duty is imposed on the rich;
The rights of the poor is an empty phrase.
Enough languishing in custody!
Equality wants other laws:
No rights without duties, she says,
Equally, no duties without rights.”

Eugène Edine Pottier (1816–1887) French politician

L'État comprime et la loi triche
L'impôt saigne le malheureux
Nul devoir ne s'impose au riche
Le droit du pauvre est un mot creux
C'est assez, languir en tutelle
L'égalité veut d'autres lois
Pas de droits sans devoirs dit-elle
Égaux, pas de devoirs sans droits
The Internationale (1864)

“As an exercise of raw judicial power, the Court perhaps has authority to do what it does today; but, in my view, its judgment is an improvident and extravagant exercise of the power of judicial review that the Constitution extends to this Court.”

Byron White (1917–2002) Associate Justice of the U.S. Supreme Court, American football player

Dissenting from the decision of the US Supreme Court in Doe v. Bolton, 410 U.S. 179 at 222 (1973); also applied to Roe v. Wade, 410 U.S. 113 (1973).

“We are deeply concerned about the situation in Russia with regards to human rights. There are several examples of this situation, such as the new law requiring NGOs to register as “foreign agents”, the law banning homosexual “propaganda”, problems with the rule of law and arbitrary judicial processes, and court rulings against the opposition.”

Cecilia Malmström (1968) Swedish politician

" Situation in Russia http://blogs.ec.europa.eu/malmstrom/situation-in-russia/", My Blog, European Commission, 17 January 2014.

“It is emphatically the province and duty of the judicial department to say what the law is…If two laws conflict with each other, the courts must decide on the operation of each…This is of the very essence of judicial duty.”

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John Marshall41

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