Judicial supremacy

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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.

John Marshall

Marbury v. Madison

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Citation

Marshall, John. United States, Supreme Court. Marbury v. Madison. United States Reports, vol. 5, 24 Feb. 1803, pp. 137-180. Justia, supreme.justia.com/cases/federal/us/5/137/.

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There is no doubt that, if there were a super-Supreme Court, a substantial proportion of our reversals of state courts would also be reversed. We are not final because we are infallible, but we are infallible only because we are final.

Robert H. Jackson

Brown v. Allen

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Jackson, Robert H. United States, Supreme Court. Brown v. Allen. United States Reports, vol. 344, 9 Feb. 1953, pp. 443. Justia, https://supreme.justia.com/cases/federal/us/344/443/.

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Within these limits, the power vested in American courts of justice, of pronouncing a statute to be unconstitutional, forms one of the most powerful barriers that has ever been devised against the tyranny of political assemblies.

Alexis de Tocqueville

Democracy in America

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Original Citation

Tocqueville, Alexis De. De La Democratie en Amerique [Democracy in America]. Vol. 1, London: Saunders and Otley, 1835, ch. 6.

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Current Citation

Tocqueville, Alexis De. Democracy in America: The Complete and Unabridged Volumes I and II, translated by Henry Reeve. Bantam Classics, 2000, vol. 1, ch. 6.

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