text:
Marbury v. Madison, 5 U.S. 137 (1803)
Supreme Court of the United States
Filed: February 24th, 1803
Precedential Status: Precedential
Citations: 5 U.S. 137, 2 L. Ed. 60, 1 Cranch 137, 1803 U.S. LEXIS 352
Docket Number: Unknown
Supreme Court Database ID: 1803-005

5 U.S. 137 (____)
1 Cranch 137
WILLIAM MARBURY
v.
JAMES MADISON, SECRETARY OF STATE OF THE UNITED STATES.

Supreme Court of United States.

*153 Opinion of the Court.

At the last term on the affidavits then read and filed with the clerk, a rule was granted in this case, requiring the secretary of state to show cause why a mandamus *154 *should not issue, directing him to deliver to William Marbury his commission as a justice of the peace for the county of Washington, in the district of Columbia.

No cause has been shown, and the present motion is for a mandamus. The peculiar delicacy of this case, the novelty of some of its circumstances, and the real difficulty attending the points which occur in it, require a complete exposition of the principles on which the opinion to be given by the court is founded.

These principles have been, on the side of the applicant, very ably argued at the bar. In rendering the opinion of the court, there will be some departure in form, though not in substance, from the points stated in that argument.

*154 In the order in which the court has viewed this subject, the following questions have been considered and decided.

1st. Has the applicant a right to the commission he demands?

2dly. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

3dly. If they do afford him a remedy, is it a mandamus issuing from this court?

The first object of inquiry is,

1st. Has the applicant a right to the commission he demands?

His right originates in an act of congress passed in February, 1801, concerning the district of Columbia.

After dividing the district into two counties, the 11th section of this law enacts, "that there shall be appointed in and for each of the said counties, such number of discreet persons to be justices of the peace as the president of the United States shall, from time to time, think expedient, to continue in office for five years.

*It appears, from the affidavits, that in compliance with *155 this law, a commission for William Marbury, as a justice of peace for the county of Washington, was signed by John Adams, then President of the United States; after which the seal of the United States was affixed to it; but the commission has never reached the person for whom it was made out.

In order to determine whether he is entitled to this commission, it becomes necessary to inquire whether he has been appointed to the office. For if he has been appointed, the law continues him in office for five years, and he is entitled to the possession of those evidences of office, which, being completed, became his property.

The 2d section of the 2d article of the constitution declares, that "the president shall nominate, and, by and with the advice and consent of the senate, shall appoint, ambassadors, other public ministers and consuls, and all other officers of the United States, whose appointments are not otherwise provided for."

The 3d section declares, that "he shall commission all the officers of the United States."

An act of congress directs the secretary of state to keep the seal of the United States, "to make out and record, and affix the said seal to all civil commissions *155 to officers of the United States, to be appointed by the president, by and with the consent of the senate, or by the president alone; provided, that the said seal shall not be affixed to any commission before the same shall have been signed by the President of the United States."

These are the clauses of the constitution and laws of the United States, which affect this part of the case. They seem to contemplate three distinct operations:

1st. The nomination. This is the sole act of the president, and is completely voluntary.

2d. The appointment. This is also the act of the president, and is also a voluntary act, though it can only be performed by and with the advice and consent of the senate.

*156 *3d. The commission. To grant a commission to a person appointed, might, perhaps, be deemed a duty enjoined by the constitution. "He shall," says that instrument, "commission all the officers of the United States."

The acts of appointing to office, and commissioning the person appointed, can scarcely be considered as one and the same; since the power to perform them is given in two separate and distinct sections of the constitution. The distinction between the appointment and the commission will be rendered more apparent by adverting to that provision in the second section of the second article of the constitution, which authorizes congress "to vest, by law, the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments;" thus contemplating cases where the law may direct the president to commission an officer appointed by the courts, or by the heads of departments. In such a case, to issue a commission would be apparently a duty distinct from the appointment, the performance of which, perhaps, could not legally be refused.

Although that clause of the constitution which requires the president to commission all the officers of the United States, may never have been applied to officers appointed otherwise than by himself, yet it would be difficult to deny the legislative power to apply it to such cases. Of consequence, the constitutional distinction between the appointment to an office and the commission of an officer who has been appointed, remains the same *156 as if in practice the president had commissioned officers appointed by an authority other than his own.

It follows, too, from the existence of this distinction, that if an appointment was to be evidenced by any public act, other than the commission, the performance of such public act would create the officer; and if he was not removable at the will of the president, would either give him a right to his commission, or enable him to perform the duties without it.

These observations are premised solely for the purpose of rendering more intelligible those which apply more directly to the particular case under consideration.

*This is an appointment made by the president, by and *157 with the advice and consent of the senate, and is evidenced by no act but the commission itself. In such a case, therefore, the commission and the appointment seem inseparable; it being almost impossible to show an appointment otherwise than by proving the existence of a commission; still the commission is not necessarily the appointment, though conclusive evidence of it.

But at what stage does it amount to this conclusive evidence?

The answer to this question seems an obvious one. The appointment being the sole act of the president, must be completely evidenced, when it is shown that he has done every thing to be performed by him.

Should the commission, instead of being evidence of an appointment, even be considered as constituting the appointment itself; still it would be made when the last act to be done by the president was performed, or, at furthest, when the commission was complete.

The last act to be done by the president is the signature of the commission. He has then acted on the advice and consent of the senate to his own nomination. The time for deliberation has then passed. He has decided. His judgment, on the advice and consent of the senate concurring with his nomination, has been made, and the officer is appointed. This appointment is evidenced by an open, unequivocal act; and being the last act required from the person making it, necessarily excludes the idea of its being, so far as respects the appointment, an inchoate and incomplete transaction.

Some point of time must be taken when the power of the executive over an officer, not removable at his will, *157 must cease. That point of time must be when the constitutional power of appointment has been exercised. And this power has been exercised when the last act, required from the person possessing the power, has been performed. This last act is the signature of the commission. This idea seems to have prevailed with the legislature, when the act passed converting the department *158 *of foreign affairs into the department of state. By that act it is enacted, that the secretary of state shall keep the seal of the United States, "and shall make out and record, and shall affix the said seal to all civil commissions to officers of the United States, to be appointed by the president;" "Provided, that the said seal shall not be affixed to any commission before the same shall have been signed by the President of the United States; nor to any other instrument or act, without the special warrant of the president therefor."

The signature is a warrant for affixing the great seal to the commission; and the great seal is only to be affixed to an instrument which is complete. It attests, by an act supposed to be of public notoriety, the verity of the presidential signature.

It is never to be affixed till the commission is signed, because the signature, which gives force and effect to the commission, is conclusive evidence that the appointment is made.

The commission being signed, the subsequent duty of the secretary of state is prescribed by law, and not to be guided by the will of the president. He is to affix the seal of the United States to the commission, and is to record it.

This is not a proceeding which may be varied, if the judgment of the executive shall suggest one more eligible; but is a precise course accurately marked out by law, and is to be strictly pursued. It is the duty of the secretary of state to conform to the law, and in this he is an officer of the United States, bound to obey the laws. He acts, in this respect, as has been very properly stated at the bar, under the authority of law, and not by the instructions of the president. It is a ministerial act which the law enjoins on a particular officer for a particular purpose.

If it should be supposed, that the solemnity of affixing the seal is necessary not only to the validity of the commission, *158 but even to the completion of an appointment, still when the seal is affixed the appointment is made, and *the commission is valid. No other solemnity is required *159 by law; no other act is to be performed on the part of government. All that the executive can do to invest the person with his office is done; and unless the appointment be then made, the executive cannot make one without the coöperation of others.

After searching anxiously for the principles on which a contrary opinion may be supported, none have been found which appear of sufficient force to maintain the opposite doctrine.

Such as the imagination of the court could suggest, have been very deliberately examined, and after allowing them all the weight which it appears possible to give them, they do not shake the opinion which has been formed.

In considering this question, it has been conjectured that the commission may have been assimilated to a deed, to the validity of which delivery is essential.

This idea is founded on the supposition that the commission is not merely evidence of an appointment, but is itself the actual appointment; a supposition by no means unquestionable. But for the purpose of examining this objection fairly, let it be conceded, that the principle claimed for its support is established.

The appointment being, under the constitution, to be made by the president personally, the delivery of the deed of appointment, if necessary to its completion, must be made by the president also. It is not necessary that the delivery should be made personally to the grantee of the office: it never is so made. The law would seem to contemplate that it should be made to the secretary of state, since it directs the secretary to affix the seal to the commission after it shall have been signed by the president. If, then, the act of livery be necessary to give validity to the commission, it has been delivered when executed and given to the secretary for the purpose of being sealed, recorded, and transmitted to the party.

But in all cases of letters patent, certain solemnities are required by law, which solemnities are the evidences *of the validity of the instrument. A formal *160 delivery to the person is not among them. In cases *160 of commissions, the sign manual of the president, and the seal of the United States, are those solemnities. This objection, therefore, does not touch the case.

It has also occurred as possible, and barely possible, that the transmission of the commission, and the acceptance thereof, might be deemed necessary to complete the right of the plaintiff.

The transmission of the commission is a practice directed by convenience, but not by law. It cannot, therefore, be necessary to constitute the appointment which must precede it, and which is the mere act of the president. If the executive required that every person appointed to an office should himself take means to procure his commission, the appointment would not be the less valid on that account. The appointment is the sole act of the president; the transmission of the commission is the sole act of the officer to whom that duty is assigned, and may be accelerated or retarded by circumstances which can have no influence on the appointment. A commission is transmitted to a person already appointed; not to a person to be appointed or not, as the letter enclosing the commission should happen to get into the post-office and reach him in safety, or to miscarry.

It may have some tendency to elucidate this point, to inquire whether the possession of the original commission be indispensably necessary to authorize a person, appointed to any office, to perform the duties of that office. If it was necessary, then a loss of the commission would lose the office. Not only negligence, but accident or fraud, fire or theft, might deprive an individual of his office. In such a case, I presume it could not be doubted but that a copy from the record of the office of the secretary of state would be, to every intent and purpose, equal to the original. The act of congress has expressly made it so. To give that copy validity, it would not be necessary to prove that the original had been transmitted and afterwards lost. The copy would be complete evidence that the original had existed, and that the appointment had been made, but not that the original had been transmitted. If indeed it should appear that *161 *the original had been mislaid in the office of state, that circumstance would not affect the operation of the *161 copy. When all the requisites have been performed which authorize a recording officer to record any instrument whatever, and the order for that purpose has been given, the instrument is, in law, considered as recorded, although the manual labour of inserting it in a book kept for that purpose may not have been performed.

In the case of commissions, the law orders the secretary of state to record them. When, therefore, they are signed and sealed, the order for their being recorded is given; and whether inserted in the book or not, they are in law recorded.

A copy of this record is declared equal to the original, and the fees to be paid by a person requiring a copy are ascertained by law. Can a keeper of a public record erase therefrom a commission which has been recorded? Or can he refuse a copy thereof to a person demanding it on the terms prescribed by law?

Such a copy would, equally with the original, authorize the justice of peace to proceed in the performance of his duty, because it would, equally with the original, attest his appointment.

If the transmission of a commission be not considered as necessary to give validity to an appointment, still less is its acceptance. The appointment is the sole act of the president; the acceptance is the sole act of the officer, and is, in plain common sense, posterior to the appointment. As he may resign, so may he refuse to accept: but neither the one nor the other is capable of rendering the appointment a non-entity.

That this is the understanding of the government, is apparent from the whole tenor of its conduct.

A commission bears date, and the salary of the officer commences, from his appointment; not from the transmission or acceptance of his commission. When a person appointed to any office refuses to accept that office, the successor is nominated in the place of the person who *has declined to accept, and not in the place *162 of the person who had been previously in office, and had created the original vacancy.

It is, therefore, decidedly the opinion of the court, *162 that when a commission has been signed by the president, the appointment is made; and that the commission is complete when the seal of the United States has been affixed to it by the secretary of state.

Where an officer is removable at the will of the executive, the circumstance which completes his appointment is of no concern; because the act is at any time revocable; and the commission may be arrested, if still in the office. But when the officer is not removable at the will of the executive, the appointment is not revocable, and cannot be annulled. It has conferred legal rights which cannot be resumed.

The discretion of the executive is to be exercised until the appointment has been made. But having once made the appointment, his power over the office is terminated in all cases, where by law the officer is not removable by him. The right to the office is then in the person appointed, and he has the absolute, unconditional power of accepting or rejecting it.

Mr. Marbury, then, since his commission was signed by the president, and sealed by the secretary of state, was appointed; and as the law creating the office, gave the officer a right to hold for five years, independent of the executive, the appointment was not revocable, but vested in the officer legal rights, which are protected by the laws of his country.

To withhold his commission, therefore, is an act deemed by the court not warranted by law, but violative of a vested legal right.

This brings us to the second inquiry; which is,

2dly. If he has a right, and that right has been violated, do the laws of his country afford him a remedy?

*163 *The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. One of the first duties of government is to afford that protection. In Great Britain the king himself is sued in the respectful form of a petition, and he never fails to comply with the judgment of his court.

In the 3d vol. of his Commentaries, p. 23. Blackstone states two cases in which a remedy is afforded by mere operation of law.

*163 In all other cases," he says, "it is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit, or action at law, when ever that right is invaded."

And afterwards, p. 109. of the same vol. he says, "I am next to consider such injuries as are cognisable by the courts of the common law. And herein I shall for the present only remark, that all possible injuries whatsoever, that did not fall within the exclusive cognisance of either the ecclesiastical, military, or maritime tribunals, are, for that very reason, within the cognisance of the common law courts of justice; for it is a settled and invariable principle in the laws of England that every right, when withheld, must have a remedy, and every injury its proper redress."

The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.

If this obloquy is to be cast on the jurisprudence of our country, it must arise from the peculiar character of the case.

It behoves us, then, to inquire whether there be in its composition any ingredient which shall exempt it from legal investigation, or exclude the injured party from legal redress. In pursuing this inquiry the first question which presents itself is, whether this can be arranged *with that class of cases which come under the *164 description of damnum absque injuria; a loss without an injury.

This description of cases never has been considered, and it is believed never can be considered, as comprehending offices of trust, of honour, or of profit. The office of justice of peace in the district of Columbia is such an office; it is therefore worthy of the attention and guardianship of the laws. It has received that attention and guardianship. It has been created by special act of congress, and has been secured, so far as the laws can give security, to the person appointed to fill it, for five years. It is not, then, on account of the worthlessness of the thing pursued, that the injured party can be alleged to be without remedy.

*164 Is it in the nature of the transaction? Is the act of delivering or withholding a commission to be considered as a mere political act, belonging to the executive department alone, for the performance of which entire confidence is place by our constitution in the supreme executive; and for any misconduct respecting which, the injured individual has no remedy?

That there may be such cases is not to be questioned; but that every act of duty, to be performed in any of the great departments of government, constitutes such a case, is not to be admitted.

By the act concerning invalids, passed in June, 1794, vol. 3. p. 112. the secretary at war is ordered to place on the pension list all persons whose names are contained in a report previously made by him to congress. If he should refuse to do so, would the wounded veteran be without remedy? Is it to be contended that where the law in precise terms, directs the performance of an act, in which an individual is interested, the law is incapable of securing obedience to its mandate? Is it on account of the character of the person against whom the complaint is made? Is it to be contended that the heads of departments are not amenable to the laws of their country?

Whatever the practice on particular occasions may be, the theory of this principle will certainly never be *165 maintained. *No act of the legislature confers so extraordinary a privilege, nor can it derive countenance from the doctrines of the common law. After stating that personal injury from the king to a subject is presumed to be impossible, Blackstone, vol. 3. p. 255. says, "but injuries to the rights of property can scarcely be committed by the crown without the intervention of its officers; for whom the law, in matters of right, entertains no respect or delicacy; but furnishes various methods of detecting the errors and misconduct of those agents, by whom the king has been deceived and induced to do a temporary injustice."

By the act passed in 1796, authorizing the sale of the lands above the mouth of Kentucky river, (vol. 3.p. 299.) the purchaser, on paying his purchase-money, becomes completely entitled to the property purchased; and on producing to the secretary of state the receipt of the *165 treasurer upon a certificate required by the law, the President of the United States is authorized to grant him a patent. It is further enacted that all patents shall be countersigned by the secretary of state, and recorded in the office. If the secretary of state should choose to withhold this patent; or, the patent being lost, should refuse a copy of it; can it be imagined that the law furnishes to the injured person no remedy?

It is not believed that any person whatever would attempt to maintain such a proposition.

It follows, then, that the question, whether the legality of an act of the head of a department be examinable in a court of justice or not, must always depend on the nature of that act.

If some acts be examinable, and others not, there must be some rule of law to guide the court in the exercise of its jurisdiction.

In some instances there may be difficulty in applying the rule to particular cases; but there cannot, it is believed, be much difficulty in laying down the rule.

By the constitution of the United States, the president is invested with certain important political powers, in the *exercise of which he is to use his own discretion, and is *166 accountable only to his country in his political character and to his own conscience. To aid him in the performance of these duties, he is authorized to appoint certain officers, who act by his authority, and in conformity with his orders.

In such cases, their acts are his acts; and whatever opinion may be entertained of the manner in which executive discretion may be used, still there exists, and can exist, no power to control that discretion. The subjects are political. They respect the nation, not individual rights, and being intrusted to the executive, the decision of the executive is conclusive. The application of this remark will be perceived by adverting to the act of congress for establishing the department of foreign affairs. This officer, as his duties were prescribed by that act, is to conform precisely to the will of the president. He is the mere organ by whom that will is communicated. The acts of such an officer, as an officer, can never be examinable by the courts.

But when the legislature proceeds to impose on that officer other duties: when he is directed peremptorily to *166 perform certain acts; when the rights of individuals are dependent on the performance of those acts; he is so far the officer of the law; is amenable to the laws for his conduct; and cannot at his discretion sport away the vested rights of others.

The conclusion from this reasoning is, that where the heads of departments are the political or confidential agents of the executive, merely to execute the will of the president, or rather to act in cases in which the executive possesses a constitutional or legal discretion, nothing can be more perfectly clear than that their acts are only politically examinable. But where a specific duty is assigned by law, and individual rights depend upon the performance of that duty, it seems equally clear that the individual who considers himself injured, has a right to resort to the laws of his country for a remedy.

If this be the rule, let us inquire how it applies to the case under the consideration of the court.

*167 *The power of nominating to the senate, and the power of appointing the person nominated, are political powers, to be exercised by the president according to his own discretion. When he has made an appointment, he has exercised his whole power, and his discretion has been completely applied to the case. If, by law, the officer be removable at the will of the president, then a new appointment may be immediately made, and the rights of the officer are terminated. But as a fact which has existed cannot be made never to have existed, the appointment cannot be annihilated; and, consequently, if the officer is by law not removable at the will of the president, the rights he has acquired are protected by the law, and are not resumable by the president. They cannot be extinguished by executive authority, and he has the privilege of asserting them in like manner as if they had been derived from any other source.

The question whether a right has vested or not, is, in its nature, judicial, and must be tried by the judicial authority. If, for example, Mr. Marbury had taken the oaths of a magistrate, and proceeded to act as one; in consequence of which a suit had been instituted against him, in which his defence had depended on his being a magistrate, the validity of his appointment must have been determined by judicial authority.

So, if he conceives that, by virtue of his appointment, *167 he has a legal right either to the commission which has been made out for him, or to a copy of that commission, it is equally a question examinable in a court, and the decision of the court upon it must depend on the opinion entertained of his appointment.

That question has been discussed, and the opinion is, that the latest point of time which can be taken as that at which the appointment was complete, and evidenced, was when, after the signature of the president, the seal of the United States was affixed to the commission.

It is, then, the opinion of the court,

1st. That by signing the commission of Mr. Marbury, the President of the United States appointed him a justice *of peace for the county of Washington, in the district *168 of Columbia; and that the seal of the United States, affixed thereto by the secretary of state, is conclusive testimony of the verity of the signature, and of the completion of the appointment; and that the appointment conferred on him a legal right to the office for the space of five years.

2dly. That, having this legal title to the office, he has a consequent right to the commission; a refusal to deliver which is a plain violation of that right, for which the laws of his country afford him a remedy.

It remains to be inquired whether,

3dly. He is entitled to the remedy for which he applies. This depends on,

1st. The nature of the writ applied for; and,

2dly. The power of this court.

1st. The nature of the writ.

Blackstone, in the 3d volume of his Commentaries, page 110. defines a mandamus to be "a command issuing in the king's name from the court of king's bench, and directed to any person, corporation, or inferior court of judicature within the king's dominions, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the court of king's bench has previously determined, or at least supposes, to be consonant to right and justice."

Lord Mansfield, in 3 Burrow, 1266. in the case of The King v. Baker et al., states, with much precision and explicitness the cases in which this writ may be used.

"Whenever," says that very able judge, "there is a right to execute an office, perform a service, or exercise *168 a franchise, (more especially if it be in a matter of public concern, or attended with profit,) and a person is kept out of possession, or dispossessed of such right, and *169 *has no other specific legal remedy, this court ought to assist by mandamus, upon reasons of justice, as the writ expresses, and upon reasons of public policy, to preserve peace, order and good government." In the same case he says, "this writ ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one."

In addition to the authorities now particularly cited, many others were relied on at the bar, which show how far the practice has conformed to the general doctrines that have been just quoted.

This writ, if awarded, would be directed to an officer of government, and its mandate to him would be, to use the words of Blackstone, "to do a particular thing therein specified, which appertains to his office and duty, and which the court has previously determined, or at least supposes, to be consonant to right and justice." Or, in the words of Lord Mansfield, the applicant, in this case, has a right to execute an office of public concern, and is kept out of possession of that right.

These circumstances certainly concur in this case.

Still, to render the mandamus a proper remedy, the officer to whom it is to be directed, must be one to whom, on legal principles, such writ may be directed; and the person applying for it must be without any other specific and legal remedy.

1st. With respect to the officer to whom it would be directed. The intimate political relation subsisting between the President of the United States and the heads of departments, necessarily renders any legal investigation of the acts of one of those high officers peculiarly irksome, as well as delicate; and excites some hesitation with respect to the propriety of entering into such investigation. Impressions are often received without much reflection or examination, and it is not wonderful that in such a case as this the assertion, by an individual, of his legal claims in a court of justice, to which claims it is the duty of that court to *170 attend, should at first view be considered *by some, *170 as an attempt to intrude into the cabinet, and to inter-meddle with the prerogatives of the executive.

It is scarcely necessary for the court to disclaim all pretensions to such a jurisdiction. An extravagance, so absurd and excessive, could not have been entertained for a moment. The province of the court is, solely, to decide on the rights of individuals, not to inquire how the executive, or executive officers, perform duties in which they have a discretion. Questions in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.

But, if this be not such a question; if, so far from being an intrusion into the secrets of the cabinet, it respects a paper which, according to law, is upon record, and to a copy of which the law gives a right, on the payment of ten cents; if it be no intermeddling with a subject over which the executive can be considered as having exercised any control; what is there in the exalted station of the officer, which shall bar a citizen from asserting, in a court of justice, his legal rights, or shall forbid a court to listen to the claim, or to issue a mandamus, directing the performance of a duty, not depending on executive discretion, but on particular acts of congress, and the general principles of law?

If one of the heads of departments commits any illegal act, under colour of his office, by which an individual sustains an injury, it cannot be pretended that his office alone exempts him from being sued in the ordinary mode of proceeding, and being compelled to obey the judgment of the law. How, then, can his office exempt him from this particular mode of deciding on the legality of his conduct, if the case be such a case as would, were any other individual the party complained of, authorize the process?

It is not by the office of the person to whom the writ is directed, but the nature of the thing to be done, that the propriety or impropriety of issuing a mandamus is to be determined. Where the head of a department acts in a case, in which executive discretion is to be exercised; in which he is the mere organ of executive will; it is *again repeated, that any application *171 *171 to a court to control, in any respect, his conduct would be rejected without hesitation.

But where he is directed by law to do a certain act affecting the absolute rights of individuals, in the performance of which he is not placed under the particular direction of the president, and the performance of which the president cannot lawfully forbid, and therefore is never presumed to have forbidden; as for example, to record a commission, or a patent for land, which has received all the legal solemnities; or to give a copy of such record; in such cases, it is not perceived on what ground the courts of the country are further excused from the duty of giving judgment that right be done to an injured individual, than if the same services were to be performed by a person not the head of a department.

This opinion seems not now, for the first time, to be taken up in this country.

It must be well recollected that in 1792, an act passed, directing the secretary at war to place on the pension list such disabled officers and soldiers as should be reported to him, by the circuit courts, which act, so far as the duty was imposed on the courts, was deemed unconstitutional; but some of the judges thinking that the law might be executed by them in the character of commissioners, proceeded to act, and to report in that character.

This law being deemed unconstitutional at the circuits, was repealed, and a different system was established; but the question whether those persons who had been reported by the judges, as commissioners, were entitled, in consequence of that report, to be placed on the pension list, was a legal question, properly determinable in the courts, although the act of placing such persons on the list was to be performed by the head of a department.

That this question might be properly settled, congress passed an act in February, 1793, making it the duty of the secretary of war, in conjunction with the attorney-general, to take such measures as might be necessary to obtain an adjudication of the supreme *172 court of the United *States on the validity of any such rights, claimed under the act aforesaid.

After the passage of this act, a mandamus was moved *172 for, to be directed to the secretary at war, commanding him to place on the pension list, a person stating himself to be on the report of the judges.

There is, therefore, much reason to believe, that this mode of trying the legal right of the complainant was deemed by the head of a department, and by the highest law officer of the United States, the most proper which could be selected for the purpose.

When the subject was brought before the court, the decision was, not that a mandamus would not lie to the head of a department directing him to perform an act, enjoined by law, in the performance of which an individual had a vested interest; but that a mandamus ought not to issue in that case; the decision necessarily to be made if the report of the commissioners did not confer on the applicant a legal right.

The judgment, in that case, is understood to have decided the merits of all claims of that description; and the persons, on the report of the commissioners, found it necessary to pursue the mode prescribed by the law subsequent to that which had been deemed unconstitutional, in order to place themselves on the pension list.

The doctrine, therefore, now advanced, is by no means a novel one.

It is true that the mandamus, now moved for, is not for the performance of an act expressly enjoined by statute.

It is to deliver a commission; on which subject the acts of congress are silent. This difference is not considered as affecting the case. It has already been stated that the applicant has, to that commission, a vested legal right, of which the executive cannot deprive him. He has been appointed to an office, from which he is not removable at the will of the executive; and being so *appointed, he has a right to the *173 commission which the secretary has received from the president for his use. The act of congress does not indeed order the secretary of state to send it to him, but it is placed in his hands for the person entitled to it; and cannot be more lawfully withheld by him than by any other person.

It was at first doubted whether the action of detinue was not a specific legal remedy for the commission which *173 has been withheld from Mr. Marbury; in which case a mandamus would be improper. But this doubt has yielded to the consideration that the judgment in detinue is for the thing itself, or its value. The value of a public office not to be sold is incapable of being ascertained; and the applicant has a right to the office itself, or to nothing. He will obtain the office by obtaining the commission, or a copy of it from the record.

This, then, is a plain case for a mandamus, either to deliver the commission, or a copy of it from the record; and it only remains to be inquired,

Whether it can issue from this court.

The act to establish the judicial courts of the United States authorizes the supreme court "to issue writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed, or persons holding office, under the authority of the United States."

The secretary of state, being a person holding an office under the authority of the United States, is precisely within the letter of the description; and if this court is not authorized to issue a writ of mandamus to such an officer, it must be because the law is unconstitutional, and therefore absolutely incapable of conferring the authority, and assigning the duties which its words purport to confer and assign.

The constitution vests the whole judicial power of the United States in one supreme court, and such inferior courts as congress shall, from time to time, ordain and establish. This power is expressly extended to all cases arising under the laws of the United States; and, consequently, in some form, may be exercised over *174 the present *case; because the right claimed is given by a law of the United States.

In the distribution of this power it is declared that "the supreme court shall have original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the supreme court shall have appellate jurisdiction."

It has been insisted, at the bar, that as the original grant of jurisdiction, to the supreme and inferior courts, is general, and the clause, assigning original jurisdiction to the supreme court, contains no negative or restrictive words, the power remains to the legislature, *174 to assign original jurisdiction to that court in other cases than those specified in the article which has been recited; provided those cases belong to the judicial power of the United States.

If it had been intended to leave it in the discretion of the legislature to apportion the judicial power between the supreme and inferior courts according to the will of that body, it would certainly have been useless to have proceeded further than to have defined the judicial power, and the tribunals in which it should be vested. The subsequent part of the section is mere surplusage, is entirely without meaning, if such is to be the construction. If congress remains at liberty to give this court appellate jurisdiction, where the constitution has declared their jurisdiction shall be original; and original jurisdiction where the constitution has declared it shall be appellate; the distribution of jurisdiction, made in the constitution, is form without substance.

Affirmative words are often, in their operation, negative of other objects than those affirmed; and in this case, a negative or exclusive sense must be given to them, or they have no operation at all.

It cannot be presumed that any clause in the constitution is intended to be without effect; and, therefore, such a construction is inadmissible, unless the words require it.

*If the solicitude of the convention, respecting our *175 peace with foreign powers, induced a provision that the supreme court should take original jurisdiction in cases which might be supposed to affect them; yet the clause would have proceeded no further than to provide for such cases, if no further restriction on the powers of congress had been intended. That they should have appellate jurisdiction in all other cases, with such exceptions as congress might make, is no restriction; unless the words be deemed exclusive of original jurisdiction.

When an instrument organizing fundamentally a judicial system, divides it into one supreme, and so many inferior courts as the legislature may ordain and establish; then enumerates its powers, and proceeds so far to distribute them, as to define the jurisdiction of the supreme court by declaring the cases in which *175 it shall take original jurisdiction, and that in others it shall take appellate jurisdiction; the plain import of the words seems to be, that in one class of cases its jurisdiction is original, and not appellate; in the other it is appellate, and not original. If any other construction would render the clause inoperative, that is an additional reason for rejecting such other construction, and for adhering to their obvious meaning.

To enable this court, then, to issue a mandamus, it must be shown to be an exercise of appellate jurisdiction, or to be necessary to enable them to exercise appellate jurisdiction.

It has been stated at the bar that the appellate jurisdiction may be exercised in a variety of forms, and that if it be the will of the legislature that a mandamus should be used for that purpose, that will must be obeyed. This is true, yet the jurisdiction must be appellate, not original.

It is the essential criterion of appellate jurisdiction, that it revises and corrects the proceedings in a cause already instituted, and does not create that cause. Although, therefore, a mandamus may be directed to courts, yet to issue such a writ to an officer for the delivery of a paper, is in effect the same as to sustain an original action for that paper, and, therefore, seems not *176 to belong to *appellate, but to original jurisdiction. Neither is it necessary in such a case as this, to enable the court to exercise its appellate jurisdiction.

The authority, therefore, given to the supreme court, by the act establishing the judicial courts of the United States, to issue writs of mandamus to public officers, appears not to be warranted by the constitution; and it becomes necessary to inquire whether a jurisdiction so conferred can be exercised.

The question, whether an act, repugnant to the constitution, can become the law of the land, is a question deeply interesting to the United States; but, happily, not of an intricacy proportioned to its interest. It seems only necessary to recognise certain principles, supposed to have been long and well established, to decide it.

That the people have an original right to establish, for their future government, such principles as, in their opinion, shall most conduce to their own happiness *176 is the basis on which the whole American fabric has been erected. The exercise of this original right is a very great exertion; nor can it, nor ought it, to be frequently repeated. The principles, therefore, so established, are deemed fundamental. And as the authority from which they proceed is supreme, and can seldom act, they are designed to be permanent.

This original and supreme will organizes the government, and assigns to different departments their respective powers. It may either stop here, or establish certain limits not to be transcended by those departments.

The government of the United States is of the latter description. The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the constitution is written. To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may, at any time, be passed by those intended to be restrained? The distinction between a government with limited and unlimited powers is abolished, if those limits do not confine the persons on whom they are imposed, and if acts prohibited *and acts allowed, *177 are of equal obligation. It is a proposition too plain to be contested, that the constitution controls any legislative act repugnant to it; or, that the legislature may alter the constitution by an ordinary act.

Between these alternative there is no middle ground. The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, and, like other acts, is alterable when the legislature shall please to alter it.

If the former part of the alternative be true, then a legislative act contrary to the constitution is not law: if the latter part be true, then written constitutions are absurd attempts, on the part of the people, to limit a power in its own nature illimitable.

Certainly all those who have framed written constitutions contemplate them as forming the fundamental and paramount law of the nation, and, consequently, the theory of every such government must be, that an act of the legislature, repugnant to the constitution, is void.

This theory is essentially attached to a written constitution, and, is consequently, to be considered, by this *177 court, as one of the fundamental principles of our society. It is not therefore to be lost sight of in the further consideration of this subject.

If an act of the legislature, repugnant to the constitution, is void, does it, notwithstanding its invalidity, bind the courts, and oblige them to give it effect? Or, in other words, though it be not law, does it constitute a rule as operative as if it was a law? This would be to overthrow in fact what was established in theory; and would seem, at first view, an absurdity too gross to be insisted on. It shall, however, receive a more attentive consideration.

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.

*178 *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.

If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary act of the legislature, the constitution, and not such ordinary act, must govern the case to which they both apply.

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 declare that an act which, according to the principles and theory of our government, is entirely void, is yet, in practice, completely obligatory. It would declare that if the legislature shall do what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath which professes to restrict their powers within narrow limits. It is prescribing limits, *178 and declaring that those limits may be passed at pleasure.

That it thus reduces to nothing what we have deemed the greatest improvement on political institutions, a written constitution, would of itself be sufficient, in America, where written constitutions have been viewed with so much reverence, for rejecting the construction. But the peculiar expressions of the constitution of the United States furnish additional arguments in favour of its rejection.

The judicial power of the United States is extended to all cases arising under the constitution.

*Could it be the intention of those who gave this *179 power, to say that in using it the constitution should not be looked into? That a case arising under the constitution should be decided without examining the instrument under which it arises?

This is too extravagant to be maintained.

In some cases, then, the constitution must be looked into by the judges. And if they can open it at all, what part of it are they forbidden to read or to obey?

There are many other parts of the constitution which serve to illustrate this subject.

It is declared that "no tax or duty shall be laid on articles exported from any state." Suppose a duty on the export of cotton, of tobacco, or of flour; and a suit instituted to recover it. Ought judgment to be rendered in such a case? ought the judges to close their eyes on the constitution, and only see the law.

The constitution declares "that no bill of attainder or ex post facto law shall be passed."

If, however, such a bill should be passed, and a person should be prosecuted under it; must the court condemn to death those victims whom the constitution endeavours to preserve?

"No person," says the constitution, "shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court."

Here the language of the constitution is addressed especially to the courts. It prescribes, directly for them, a rule of evidence not to be departed from. If the legislature should change that rule, and declare one witness, or a confession out of court, sufficient for conviction, *179 must the constitutional principle yield to the legislative act?

From these, and many other selections which might be made, it is apparent, that the framers of the constitution *180 *contemplated that instrument as a rule for the government of courts, as well as of the legislature.

Why otherwise does it direct the judges to take an oath to support it? This oath certainly applies in an especial manner, to their conduct in their official character. How immoral to impose it on them, if they were to be used as the instruments, and the knowing instruments, for violating what they swear to support!

The oath of office, too, imposed by the legislature, is completely demonstrative of the legislative opinion on this subject. It is in these words: "I do solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and to the rich; and that I will faithfully and impartially discharge all the duties incumbent on me as, according to the best of my abilities and understanding, agreeably to the constitution and laws of the United States."

Why does a judge swear to discharge his duties agreeably to the constitution of the United States, if that constitution forms no rule for his government? if it is closed upon him, and cannot be inspected by him?

If such be the real state of things, this is worse than solemn mockery. To prescribe, or, to take this oath, becomes equally a crime.

It is also not entirely unworthy of observation, that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank.

Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument.

The rule must be discharged.

text: Marbury

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text: that

text: clause

text: of

text: the

text: constitution

text: which

text: requires

text: the

text: president

text: to

text: commission

text: all

text: the

text: officers

text: of

text: the

text: United

text: States

text: may

text: never

text: have

text: been

text: applied

text: to

text: officers

text: appointed

text: otherwise

text: than

text: by

text: himself

text: yet

text: it

text: would

text: be

text: difficult

text: to

text: deny

text: the

text: legislative

text: power

text: to

text: apply

text: it

text: to

text: such

text: cases

text: Of

text: consequence

text: the

text: constitutional

text: distinction

text: between

text: the

text: appointment

text: to

text: an

text: office

text: and

text: the

text: commission

text: of

text: an

text: officer

text: who

text: has

text: been

text: appointed

text: remains

text: the

text: same

text: as

text: if

text: in

text: practice

text: the

text: president

text: had

text: commissioned

text: officers

text: appointed

text: by

text: an

text: authority

text: other

text: than

text: his

text: own

text: It

text: follows

text: too

text: from

text: the

text: existence

text: of

text: this

text: distinction

text: that

text: if

text: an

text: appointment

text: was

text: to

text: be

text: evidenced

text: by

text: any

text: public

text: act

text: other

text: than

text: the

text: commission

text: the

text: performance

text: of

text: such

text: public

text: act

text: would

text: create

text: the

text: officer

text: and

text: if

text: he

text: was

text: not

text: removable

text: at

text: the

text: will

text: of

text: the

text: president

text: would

text: either

text: give

text: him

text: a

text: right

text: to

text: his

text: commission

text: or

text: enable

text: him

text: to

text: perform

text: the

text: duties

text: without

text: it

text: These

text: observations

text: are

text: premised

text: solely

text: for

text: the

text: purpose

text: of

text: rendering

text: more

text: intelligible

text: those

text: which

text: apply

text: more

text: directly

text: to

text: the

text: particular

text: case

text: under

text: consideration

text: This

text: is

text: an

text: appointment

text: made

text: by

text: the

text: president

text: by

text: and

text: with

text: the

text: advice

text: and

text: consent

text: of

text: the

text: senate

text: and

text: is

text: evidenced

text: by

text: no

text: act

text: but

text: the

text: commission

text: itself

text: In

text: such

text: a

text: case

text: therefore

text: the

text: commission

text: and

text: the

text: appointment

text: seem

text: inseparable

text: it

text: being

text: almost

text: impossible

text: to

text: show

text: an

text: appointment

text: otherwise

text: than

text: by

text: proving

text: the

text: existence

text: of

text: a

text: commission

text: still

text: the

text: commission

text: is

text: not

text: necessarily

text: the

text: appointment

text: though

text: conclusive

text: evidence

text: of

text: it

text: But

text: at

text: what

text: stage

text: does

text: it

text: amount

text: to

text: this

text: conclusive

text: evidence

text: The

text: answer

text: to

text: this

text: question

text: seems

text: an

text: obvious

text: one

text: The

text: appointment

text: being

text: the

text: sole

text: act

text: of

text: the

text: president

text: must

text: be

text: completely

text: evidenced

text: when

text: it

text: is

text: shown

text: that

text: he

text: has

text: done

text: every

text: thing

text: to

text: be

text: performed

text: by

text: him

text: Should

text: the

text: commission

text: instead

text: of

text: being

text: evidence

text: of

text: an

text: appointment

text: even

text: be

text: considered

text: as

text: constituting

text: the

text: appointment

text: itself

text: still

text: it

text: would

text: be

text: made

text: when

text: the

text: last

text: act

text: to

text: be

text: done

text: by

text: the

text: president

text: was

text: performed

text: or

text: at

text: furthest

text: when

text: the

text: commission

text: was

text: complete

text: The

text: last

text: act

text: to

text: be

text: done

text: by

text: the

text: president

text: is

text: the

text: signature

text: of

text: the

text: commission

text: He

text: has

text: then

text: acted

text: on

text: the

text: advice

text: and

text: consent

text: of

text: the

text: senate

text: to

text: his

text: own

text: nomination

text: The

text: time

text: for

text: deliberation

text: has

text: then

text: passed

text: He

text: has

text: decided

text: His

text: judgment

text: on

text: the

text: advice

text: and

text: consent

text: of

text: the

text: senate

text: concurring

text: with

text: his

text: nomination

text: has

text: been

text: made

text: and

text: the

text: officer

text: is

text: appointed

text: This

text: appointment

text: is

text: evidenced

text: by

text: an

text: open

text: unequivocal

text: act

text: and

text: being

text: the

text: last

text: act

text: required

text: from

text: the

text: person

text: making

text: it

text: necessarily

text: excludes

text: the

text: idea

text: of

text: its

text: being

text: so

text: far

text: as

text: respects

text: the

text: appointment

text: an

text: inchoate

text: and

text: incomplete

text: transaction

text: Some

text: point

text: of

text: time

text: must

text: be

text: taken

text: when

text: the

text: power

text: of

text: the

text: executive

text: over

text: an

text: officer

text: not

text: removable

text: at

text: his

text: will

text: must

text: cease

text: That

text: point

text: of

text: time

text: must

text: be

text: when

text: the

text: constitutional

text: power

text: of

text: appointment

text: has

text: been

text: exercised

text: And

text: this

text: power

text: has

text: been

text: exercised

text: when

text: the

text: last

text: act

text: required

text: from

text: the

text: person

text: possessing

text: the

text: power

text: has

text: been

text: performed

text: This

text: last

text: act

text: is

text: the

text: signature

text: of

text: the

text: commission

text: This

text: idea

text: seems

text: to

text: have

text: prevailed

text: with

text: the

text: legislature

text: when

text: the

text: act

text: passed

text: converting

text: the

text: department

text: of

text: foreign

text: affairs

text: into

text: the

text: department

text: of

text: state

text: By

text: that

text: act

text: it

text: is

text: enacted

text: that

text: the

text: secretary

text: of

text: state

text: shall

text: keep

text: the

text: seal

text: of

text: the

text: United

text: States

text: and

text: shall

text: make

text: out

text: and

text: record

text: and

text: shall

text: affix

text: the

text: said

text: seal

text: to

text: all

text: civil

text: commissions

text: to

text: officers

text: of

text: the

text: United

text: States

text: to

text: be

text: appointed

text: by

text: the

text: president

text: Provided

text: that

text: the

text: said

text: seal

text: shall

text: not

text: be

text: affixed

text: to

text: any

text: commission

text: before

text: the

text: same

text: shall

text: have

text: been

text: signed

text: by

text: the

text: President

text: of

text: the

text: United

text: States

text: nor

text: to

text: any

text: other

text: instrument

text: or

text: act

text: without

text: the

text: special

text: warrant

text: of

text: the

text: president

text: therefor

text: The

text: signature

text: is

text: a

text: warrant

text: for

text: affixing

text: the

text: great

text: seal

text: to

text: the

text: commission

text: and

text: the

text: great

text: seal

text: is

text: only

text: to

text: be

text: affixed

text: to

text: an

text: instrument

text: which

text: is

text: complete

text: It

text: attests

text: by

text: an

text: act

text: supposed

text: to

text: be

text: of

text: public

text: notoriety

text: the

text: verity

text: of

text: the

text: presidential

text: signature

text: It

text: is

text: never

text: to

text: be

text: affixed

text: till

text: the

text: commission

text: is

text: signed

text: because

text: the

text: signature

text: which

text: gives

text: force

text: and

text: effect

text: to

text: the

text: commission

text: is

text: conclusive

text: evidence

text: that

text: the

text: appointment

text: is

text: made

text: The

text: commission

text: being

text: signed

text: the

text: subsequent

text: duty

text: of

text: the

text: secretary

text: of

text: state

text: is

text: prescribed

text: by

text: law

text: and

text: not

text: to

text: be

text: guided

text: by

text: the

text: will

text: of

text: the

text: president

text: He

text: is

text: to

text: affix

text: the

text: seal

text: of

text: the

text: United

text: States

text: to

text: the

text: commission

text: and

text: is

text: to

text: record

text: it

text: This

text: is

text: not

text: a

text: proceeding

text: which

text: may

text: be

text: varied

text: if

text: the

text: judgment

text: of

text: the

text: executive

text: shall

text: suggest

text: one

text: more

text: eligible

text: but

text: is

text: a

text: precise

text: course

text: accurately

text: marked

text: out

text: by

text: law

text: and

text: is

text: to

text: be

text: strictly

text: pursued

text: It

text: is

text: the

text: duty

text: of

text: the

text: secretary

text: of

text: state

text: to

text: conform

text: to

text: the

text: law

text: and

text: in

text: this

text: he

text: is

text: an

text: officer

text: of

text: the

text: United

text: States

text: bound

text: to

text: obey

text: the

text: laws

text: He

text: acts

text: in

text: this

text: respect

text: as

text: has

text: been

text: very

text: properly

text: stated

text: at

text: the

text: bar

text: under

text: the

text: authority

text: of

text: law

text: and

text: not

text: by

text: the

text: instructions

text: of

text: the

text: president

text: It

text: is

text: a

text: ministerial

text: act

text: which

text: the

text: law

text: enjoins

text: on

text: a

text: particular

text: officer

text: for

text: a

text: particular

text: purpose

text: If

text: it

text: should

text: be

text: supposed

text: that

text: the

text: solemnity

text: of

text: affixing

text: the

text: seal

text: is

text: necessary

text: not

text: only

text: to

text: the

text: validity

text: of

text: the

text: commission

text: but

text: even

text: to

text: the

text: completion

text: of

text: an

text: appointment

text: still

text: when

text: the

text: seal

text: is

text: affixed

text: the

text: appointment

text: is

text: made

text: and

text: the

text: commission

text: is

text: valid

text: No

text: other

text: solemnity

text: is

text: required

text: by

text: law

text: no

text: other

text: act

text: is

text: to

text: be

text: performed

text: on

text: the

text: part

text: of

text: government

text: All

text: that

text: the

text: executive

text: can

text: do

text: to

text: invest

text: the

text: person

text: with

text: his

text: office

text: is

text: done

text: and

text: unless

text: the

text: appointment

text: be

text: then

text: made

text: the

text: executive

text: cannot

text: make

text: one

text: without

text: the

text: coöperation

text: of

text: others

text: After

text: searching

text: anxiously

text: for

text: the

text: principles

text: on

text: which

text: a

text: contrary

text: opinion

text: may

text: be

text: supported

text: have

text: been

text: found

text: which

text: appear

text: of

text: sufficient

text: force

text: to

text: maintain

text: the

text: opposite

text: doctrine

text: Such

text: as

text: the

text: imagination

text: of

text: the

text: court

text: could

text: suggest

text: have

text: been

text: very

text: deliberately

text: examined

text: and

text: after

text: allowing

text: them

text: all

text: the

text: weight

text: which

text: it

text: appears

text: possible

text: to

text: give

text: them

text: they

text: do

text: not

text: shake

text: the

text: opinion

text: which

text: has

text: been

text: formed

text: In

text: considering

text: this

text: question

text: it

text: has

text: been

text: conjectured

text: that

text: the

text: commission

text: may

text: have

text: been

text: assimilated

text: to

text: a

text: deed

text: to

text: the

text: validity

text: of

text: which

text: delivery

text: is

text: essential

text: This

text: idea

text: is

text: founded

text: on

text: the

text: supposition

text: that

text: the

text: commission

text: is

text: not

text: merely

text: evidence

text: of

text: an

text: appointment

text: but

text: is

text: itself

text: the

text: actual

text: appointment

text: a

text: supposition

text: by

text: no

text: means

text: unquestionable

text: But

text: for

text: the

text: purpose

text: of

text: examining

text: this

text: objection

text: fairly

text: let

text: it

text: be

text: conceded

text: that

text: the

text: principle

text: claimed

text: for

text: its

text: support

text: is

text: established

text: The

text: appointment

text: being

text: under

text: the

text: constitution

text: to

text: be

text: made

text: by

text: the

text: president

text: personally

text: the

text: delivery

text: of

text: the

text: deed

text: of

text: appointment

text: if

text: necessary

text: to

text: its

text: completion

text: must

text: be

text: made

text: by

text: the

text: president

text: also

text: It

text: is

text: not

text: necessary

text: that

text: the

text: delivery

text: should

text: be

text: made

text: personally

text: to

text: the

text: grantee

text: of

text: the

text: office

text: it

text: never

text: is

text: so

text: made

text: The

text: law

text: would

text: seem

text: to

text: contemplate

text: that

text: it

text: should

text: be

text: made

text: to

text: the

text: secretary

text: of

text: state

text: since

text: it

text: directs

text: the

text: secretary

text: to

text: affix

text: the

text: seal

text: to

text: the

text: commission

text: after

text: it

text: shall

text: have

text: been

text: signed

text: by

text: the

text: president

text: If

text: then

text: the

text: act

text: of

text: livery

text: be

text: necessary

text: to

text: give

text: validity

text: to

text: the

text: commission

text: it

text: has

text: been

text: delivered

text: when

text: executed

text: and

text: given

text: to

text: the

text: secretary

text: for

text: the

text: purpose

text: of

text: being

text: sealed

text: recorded

text: and

text: transmitted

text: to

text: the

text: party

text: But

text: in

text: all

text: cases

text: of

text: letters

text: patent

text: certain

text: solemnities

text: are

text: required

text: by

text: law

text: which

text: solemnities

text: are

text: the

text: evidences

text: of

text: the

text: validity

text: of

text: the

text: instrument

text: A

text: formal

text: delivery

text: to

text: the

text: person

text: is

text: not

text: among

text: them

text: In

text: cases

text: of

text: commissions

text: the

text: sign

text: manual

text: of

text: the

text: president

text: and

text: the

text: seal

text: of

text: the

text: United

text: States

text: are

text: those

text: solemnities

text: This

text: objection

text: therefore

text: does

text: not

text: touch

text: the

text: case

text: It

text: has

text: also

text: occurred

text: as

text: possible

text: and

text: barely

text: possible

text: that

text: the

text: transmission

text: of

text: the

text: commission

text: and

text: the

text: acceptance

text: thereof

text: might

text: be

text: deemed

text: necessary

text: to

text: complete

text: the

text: right

text: of

text: the

text: plaintiff

text: The

text: transmission

text: of

text: the

text: commission

text: is

text: a

text: practice

text: directed

text: by

text: convenience

text: but

text: not

text: by

text: law

text: It

text: cannot

text: therefore

text: be

text: necessary

text: to

text: constitute

text: the

text: appointment

text: which

text: must

text: precede

text: it

text: and

text: which

text: is

text: the

text: mere

text: act

text: of

text: the

text: president

text: If

text: the

text: executive

text: required

text: that

text: every

text: person

text: appointed

text: to

text: an

text: office

text: should

text: himself

text: take

text: means

text: to

text: procure

text: his

text: commission

text: the

text: appointment

text: would

text: not

text: be

text: the

text: less

text: valid

text: on

text: that

text: account

text: The

text: appointment

text: is

text: the

text: sole

text: act

text: of

text: the

text: president

text: the

text: transmission

text: of

text: the

text: commission

text: is

text: the

text: sole

text: act

text: of

text: the

text: officer

text: to

text: whom

text: that

text: duty

text: is

text: assigned

text: and

text: may

text: be

text: accelerated

text: or

text: retarded

text: by

text: circumstances

text: which

text: can

text: have

text: no

text: influence

text: on

text: the

text: appointment

text: A

text: commission

text: is

text: transmitted

text: to

text: a

text: person

text: already

text: appointed

text: not

text: to

text: a

text: person

text: to

text: be

text: appointed

text: or

text: not

text: as

text: the

text: letter

text: enclosing

text: the

text: commission

text: should

text: happen

text: to

text: get

text: into

text: the

text: post

text: office

text: and

text: reach

text: him

text: in

text: safety

text: or

text: to

text: miscarry

text: It

text: may

text: have

text: some

text: tendency

text: to

text: elucidate

text: this

text: point

text: to

text: inquire

text: whether

text: the

text: possession

text: of

text: the

text: original

text: commission

text: be

text: indispensably

text: necessary

text: to

text: authorize

text: a

text: person

text: appointed

text: to

text: any

text: office

text: to

text: perform

text: the

text: duties

text: of

text: that

text: office

text: If

text: it

text: was

text: necessary

text: then

text: a

text: loss

text: of

text: the

text: commission

text: would

text: lose

text: the

text: office

text: Not

text: only

text: negligence

text: but

text: accident

text: or

text: fraud

text: fire

text: or

text: theft

text: might

text: deprive

text: an

text: individual

text: of

text: his

text: office

text: In

text: such

text: a

text: case

text: I

text: presume

text: it

text: could

text: not

text: be

text: doubted

text: but

text: that

text: a

text: copy

text: from

text: the

text: record

text: of

text: the

text: office

text: of

text: the

text: secretary

text: of

text: state

text: would

text: be

text: to

text: every

text: intent

text: and

text: purpose

text: equal

text: to

text: the

text: original

text: The

text: act

text: of

text: congress

text: has

text: expressly

text: made

text: it

text: so

text: To

text: give

text: that

text: copy

text: validity

text: it

text: would

text: not

text: be

text: necessary

text: to

text: prove

text: that

text: the

text: original

text: had

text: been

text: transmitted

text: and

text: afterwards

text: lost

text: The

text: copy

text: would

text: be

text: complete

text: evidence

text: that

text: the

text: original

text: had

text: existed

text: and

text: that

text: the

text: appointment

text: had

text: been

text: made

text: but

text: not

text: that

text: the

text: original

text: had

text: been

text: transmitted

text: If

text: indeed

text: it

text: should

text: appear

text: that

text: the

text: original

text: had

text: been

text: mislaid

text: in

text: the

text: office

text: of

text: state

text: that

text: circumstance

text: would

text: not

text: affect

text: the

text: operation

text: of

text: the

text: copy

text: When

text: all

text: the

text: requisites

text: have

text: been

text: performed

text: which

text: authorize

text: a

text: recording

text: officer

text: to

text: record

text: any

text: instrument

text: whatever

text: and

text: the

text: order

text: for

text: that

text: purpose

text: has

text: been

text: given

text: the

text: instrument

text: is

text: in

text: law

text: considered

text: as

text: recorded

text: although

text: the

text: manual

text: labour

text: of

text: inserting

text: it

text: in

text: a

text: book

text: kept

text: for

text: that

text: purpose

text: may

text: not

text: have

text: been

text: performed

text: In

text: the

text: case

text: of

text: commissions

text: the

text: law

text: orders

text: the

text: secretary

text: of

text: state

text: to

text: record

text: them

text: When

text: therefore

text: they

text: are

text: signed

text: and

text: sealed

text: the

text: order

text: for

text: their

text: being

text: recorded

text: is

text: given

text: and

text: whether

text: inserted

text: in

text: the

text: book

text: or

text: not

text: they

text: are

text: in

text: law

text: recorded

text: A

text: copy

text: of

text: this

text: record

text: is

text: declared

text: equal

text: to

text: the

text: original

text: and

text: the

text: fees

text: to

text: be

text: paid

text: by

text: a

text: person

text: requiring

text: a

text: copy

text: are

text: ascertained

text: by

text: law

text: Can

text: a

text: keeper

text: of

text: a

text: public

text: record

text: erase

text: therefrom

text: a

text: commission

text: which

text: has

text: been

text: recorded

text: Or

text: can

text: he

text: refuse

text: a

text: copy

text: thereof

text: to

text: a

text: person

text: demanding

text: it

text: on

text: the

text: terms

text: prescribed

text: by

text: law

text: Such

text: a

text: copy

text: would

text: equally

text: with

text: the

text: original

text: authorize

text: the

text: justice

text: of

text: peace

text: to

text: proceed

text: in

text: the

text: performance

text: of

text: his

text: duty

text: because

text: it

text: would

text: equally

text: with

text: the

text: original

text: attest

text: his

text: appointment

text: If

text: the

text: transmission

text: of

text: a

text: commission

text: be

text: not

text: considered

text: as

text: necessary

text: to

text: give

text: validity

text: to

text: an

text: appointment

text: still

text: less

text: is

text: its

text: acceptance

text: The

text: appointment

text: is

text: the

text: sole

text: act

text: of

text: the

text: president

text: the

text: acceptance

text: is

text: the

text: sole

text: act

text: of

text: the

text: officer

text: and

text: is

text: in

text: plain

text: common

text: sense

text: posterior

text: to

text: the

text: appointment

text: As

text: he

text: may

text: resign

text: so

text: may

text: he

text: refuse

text: to

text: accept

text: but

text: neither

text: the

text: one

text: nor

text: the

text: other

text: is

text: capable

text: of

text: rendering

text: the

text: appointment

text: a

text: non

text: entity

text: That

text: this

text: is

text: the

text: understanding

text: of

text: the

text: government

text: is

text: apparent

text: from

text: the

text: whole

text: tenor

text: of

text: its

text: conduct

text: A

text: commission

text: bears

text: date

text: and

text: the

text: salary

text: of

text: the

text: officer

text: commences

text: from

text: his

text: appointment

text: not

text: from

text: the

text: transmission

text: or

text: acceptance

text: of

text: his

text: commission

text: When

text: a

text: person

text: appointed

text: to

text: any

text: office

text: refuses

text: to

text: accept

text: that

text: office

text: the

text: successor

text: is

text: nominated

text: in

text: the

text: place

text: of

text: the

text: person

text: who

text: has

text: declined

text: to

text: accept

text: and

text: not

text: in

text: the

text: place

text: of

text: the

text: person

text: who

text: had

text: been

text: previously

text: in

text: office

text: and

text: had

text: created

text: the

text: original

text: vacancy

text: It

text: is

text: therefore

text: decidedly

text: the

text: opinion

text: of

text: the

text: court

text: that

text: when

text: a

text: commission

text: has

text: been

text: signed

text: by

text: the

text: president

text: the

text: appointment

text: is

text: made

text: and

text: that

text: the

text: commission

text: is

text: complete

text: when

text: the

text: seal

text: of

text: the

text: United

text: States

text: has

text: been

text: affixed

text: to

text: it

text: by

text: the

text: secretary

text: of

text: state

text: Where

text: an

text: officer

text: is

text: removable

text: at

text: the

text: will

text: of

text: the

text: executive

text: the

text: circumstance

text: which

text: completes

text: his

text: appointment

text: is

text: of

text: no

text: concern

text: because

text: the

text: act

text: is

text: at

text: any

text: time

text: revocable

text: and

text: the

text: commission

text: may

text: be

text: arrested

text: if

text: still

text: in

text: the

text: office

text: But

text: when

text: the

text: officer

text: is

text: not

text: removable

text: at

text: the

text: will

text: of

text: the

text: executive

text: the

text: appointment

text: is

text: not

text: revocable

text: and

text: cannot

text: be

text: annulled

text: It

text: has

text: conferred

text: legal

text: rights

text: which

text: cannot

text: be

text: resumed

text: The

text: discretion

text: of

text: the

text: executive

text: is

text: to

text: be

text: exercised

text: until

text: the

text: appointment

text: has

text: been

text: made

text: But

text: having

text: once

text: made

text: the

text: appointment

text: his

text: power

text: over

text: the

text: office

text: is

text: terminated

text: in

text: all

text: cases

text: where

text: by

text: law

text: the

text: officer

text: is

text: not

text: removable

text: by

text: him

text: The

text: right

text: to

text: the

text: office

text: is

text: then

text: in

text: the

text: person

text: appointed

text: and

text: he

text: has

text: the

text: absolute

text: unconditional

text: power

text: of

text: accepting

text: or

text: rejecting

text: it

text: Mr

text: Marbury

text: then

text: since

text: his

text: commission

text: was

text: signed

text: by

text: the

text: president

text: and

text: sealed

text: by

text: the

text: secretary

text: of

text: state

text: was

text: appointed

text: and

text: as

text: the

text: law

text: creating

text: the

text: office

text: gave

text: the

text: officer

text: a

text: right

text: to

text: hold

text: for

text: five

text: years

text: independent

text: of

text: the

text: executive

text: the

text: appointment

text: was

text: not

text: revocable

text: but

text: vested

text: in

text: the

text: officer

text: legal

text: rights

text: which

text: are

text: protected

text: by

text: the

text: laws

text: of

text: his

text: country

text: To

text: withhold

text: his

text: commission

text: therefore

text: is

text: an

text: act

text: deemed

text: by

text: the

text: court

text: not

text: warranted

text: by

text: law

text: but

text: violative

text: of

text: a

text: vested

text: legal

text: right

text: This

text: brings

text: us

text: to

text: the

text: second

text: inquiry

text: which

text: is

text: dly

text: If

text: he

text: has

text: a

text: right

text: and

text: that

text: right

text: has

text: been

text: violated

text: do

text: the

text: laws

text: of

text: his

text: country

text: afford

text: him

text: a

text: remedy

text: The

text: very

text: essence

text: of

text: civil

text: liberty

text: certainly

text: consists

text: in

text: the

text: right

text: of

text: every

text: individual

text: to

text: claim

text: the

text: protection

text: of

text: the

text: laws

text: whenever

text: he

text: receives

text: an

text: injury

text: One

text: of

text: the

text: first

text: duties

text: of

text: government

text: is

text: to

text: afford

text: that

text: protection

text: In

text: Great

text: Britain

text: the

text: king

text: himself

text: is

text: sued

text: in

text: the

text: respectful

text: form

text: of

text: a

text: petition

text: and

text: he

text: never

text: fails

text: to

text: comply

text: with

text: the

text: judgment

text: of

text: his

text: court

text: In

text: the

text: d

text: vol

text: of

text: his

text: Commentaries

text: p

text: Blackstone

text: states

text: two

text: cases

text: in

text: which

text: a

text: remedy

text: is

text: afforded

text: by

text: mere

text: operation

text: of

text: law

text: In

text: all

text: other

text: cases

text: he

text: says

text: it

text: is

text: a

text: general

text: and

text: indisputable

text: rule

text: that

text: where

text: there

text: is

text: a

text: legal

text: right

text: there

text: is

text: also

text: a

text: legal

text: remedy

text: by

text: suit

text: or

text: action

text: at

text: law

text: when

text: ever

text: that

text: right

text: is

text: invaded

text: And

text: afterwards

text: p

text: of

text: the

text: same

text: vol

text: he

text: says

text: I

text: am

text: next

text: to

text: consider

text: such

text: injuries

text: as

text: are

text: cognisable

text: by

text: the

text: courts

text: of

text: the

text: common

text: law

text: And

text: herein

text: I

text: shall

text: for

text: the

text: present

text: only

text: remark

text: that

text: all

text: possible

text: injuries

text: whatsoever

text: that

text: did

text: not

text: fall

text: within

text: the

text: exclusive

text: cognisance

text: of

text: either

text: the

text: ecclesiastical

text: military

text: or

text: maritime

text: tribunals

text: are

text: for

text: that

text: very

text: reason

text: within

text: the

text: cognisance

text: of

text: the

text: common

text: law

text: courts

text: of

text: justice

text: for

text: it

text: is

text: a

text: settled

text: and

text: invariable

text: principle

text: in

text: the

text: laws

text: of

text: England

text: that

text: every

text: right

text: when

text: withheld

text: must

text: have

text: a

text: remedy

text: and

text: every

text: injury

text: its

text: proper

text: redress

text: The

text: government

text: of

text: the

text: United

text: States

text: has

text: been

text: emphatically

text: termed

text: a

text: government

text: of

text: laws

text: and

text: not

text: of

text: men

text: It

text: will

text: certainly

text: cease

text: to

text: deserve

text: this

text: high

text: appellation

text: if

text: the

text: laws

text: furnish

text: no

text: remedy

text: for

text: the

text: violation

text: of

text: a

text: vested

text: legal

text: right

text: If

text: this

text: obloquy

text: is

text: to

text: be

text: cast

text: on

text: the

text: jurisprudence

text: of

text: our

text: country

text: it

text: must

text: arise

text: from

text: the

text: peculiar

text: character

text: of

text: the

text: case

text: It

text: behoves

text: us

text: then

text: to

text: inquire

text: whether

text: there

text: be

text: in

text: its

text: composition

text: any

text: ingredient

text: which

text: shall

text: exempt

text: it

text: from

text: legal

text: investigation

text: or

text: exclude

text: the

text: injured

text: party

text: from

text: legal

text: redress

text: In

text: pursuing

text: this

text: inquiry

text: the

text: first

text: question

text: which

text: presents

text: itself

text: is

text: whether

text: this

text: can

text: be

text: arranged

text: with

text: that

text: class

text: of

text: cases

text: which

text: come

text: under

text: the

text: description

text: of

text: damnum

text: absque

text: injuria

text: a

text: loss

text: without

text: an

text: injury

text: This

text: description

text: of

text: cases

text: never

text: has

text: been

text: considered

text: and

text: it

text: is

text: believed

text: never

text: can

text: be

text: considered

text: as

text: comprehending

text: offices

text: of

text: trust

text: of

text: honour

text: or

text: of

text: profit

text: The

text: office

text: of

text: justice

text: of

text: peace

text: in

text: the

text: district

text: of

text: Columbia

text: is

text: such

text: an

text: office

text: it

text: is

text: therefore

text: worthy

text: of

text: the

text: attention

text: and

text: guardianship

text: of

text: the

text: laws

text: It

text: has

text: received

text: that

text: attention

text: and

text: guardianship

text: It

text: has

text: been

text: created

text: by

text: special

text: act

text: of

text: congress

text: and

text: has

text: been

text: secured

text: so

text: far

text: as

text: the

text: laws

text: can

text: give

text: security

text: to

text: the

text: person

text: appointed

text: to

text: fill

text: it

text: for

text: five

text: years

text: It

text: is

text: not

text: then

text: on

text: account

text: of

text: the

text: worthlessness

text: of

text: the

text: thing

text: pursued

text: that

text: the

text: injured

text: party

text: can

text: be

text: alleged

text: to

text: be

text: without

text: remedy

text: Is

text: it

text: in

text: the

text: nature

text: of

text: the

text: transaction

text: Is

text: the

text: act

text: of

text: delivering

text: or

text: withholding

text: a

text: commission

text: to

text: be

text: considered

text: as

text: a

text: mere

text: political

text: act

text: belonging

text: to

text: the

text: executive

text: department

text: alone

text: for

text: the

text: performance

text: of

text: which

text: entire

text: confidence

text: is

text: place

text: by

text: our

text: constitution

text: in

text: the

text: supreme

text: executive

text: and

text: for

text: any

text: misconduct

text: respecting

text: which

text: the

text: injured

text: individual

text: has

text: no

text: remedy

text: That

text: there

text: may

text: be

text: such

text: cases

text: is

text: not

text: to

text: be

text: questioned

text: but

text: that

text: every

text: act

text: of

text: duty

text: to

text: be

text: performed

text: in

text: any

text: of

text: the

text: great

text: departments

text: of

text: government

text: constitutes

text: such

text: a

text: case

text: is

text: not

text: to

text: be

text: admitted

text: By

text: the

text: act

text: concerning

text: invalids

text: passed

text: in

text: June

text: vol

text: p

text: the

text: secretary

text: at

text: war

text: is

text: ordered

text: to

text: place

text: on

text: the

text: pension

text: list

text: all

text: persons

text: whose

text: names

text: are

text: contained

text: in

text: a

text: report

text: previously

text: made

text: by

text: him

text: to

text: congress

text: If

text: he

text: should

text: refuse

text: to

text: do

text: so

text: would

text: the

text: wounded

text: veteran

text: be

text: without

text: remedy

text: Is

text: it

text: to

text: be

text: contended

text: that

text: where

text: the

text: law

text: in

text: precise

text: terms

text: directs

text: the

text: performance

text: of

text: an

text: act

text: in

text: which

text: an

text: individual

text: is

text: interested

text: the

text: law

text: is

text: incapable

text: of

text: securing

text: obedience

text: to

text: its

text: mandate

text: Is

text: it

text: on

text: account

text: of

text: the

text: character

text: of

text: the

text: person

text: against

text: whom

text: the

text: complaint

text: is

text: made

text: Is

text: it

text: to

text: be

text: contended

text: that

text: the

text: heads

text: of

text: departments

text: are

text: not

text: amenable

text: to

text: the

text: laws

text: of

text: their

text: country

text: Whatever

text: the

text: practice

text: on

text: particular

text: occasions

text: may

text: be

text: the

text: theory

text: of

text: this

text: principle

text: will

text: certainly

text: never

text: be

text: maintained

text: No

text: act

text: of

text: the

text: legislature

text: confers

text: so

text: extraordinary

text: a

text: privilege

text: nor

text: can

text: it

text: derive

text: countenance

text: from

text: the

text: doctrines

text: of

text: the

text: common

text: law

text: After

text: stating

text: that

text: personal

text: injury

text: from

text: the

text: king

text: to

text: a

text: subject

text: is

text: presumed

text: to

text: be

text: impossible

text: Blackstone

text: vol

text: p

text: says

text: but

text: injuries

text: to

text: the

text: rights

text: of

text: property

text: can

text: scarcely

text: be

text: committed

text: by

text: the

text: crown

text: without

text: the

text: intervention

text: of

text: its

text: officers

text: for

text: whom

text: the

text: law

text: in

text: matters

text: of

text: right

text: entertains

text: no

text: respect

text: or

text: delicacy

text: but

text: furnishes

text: various

text: methods

text: of

text: detecting

text: the

text: errors

text: and

text: misconduct

text: of

text: those

text: agents

text: by

text: whom

text: the

text: king

text: has

text: been

text: deceived

text: and

text: induced

text: to

text: do

text: a

text: temporary

text: injustice

text: By

text: the

text: act

text: passed

text: in

text: authorizing

text: the

text: sale

text: of

text: the

text: lands

text: above

text: the

text: mouth

text: of

text: Kentucky

text: river

text: vol

text: p

text: the

text: purchaser

text: on

text: paying

text: his

text: purchase

text: money

text: becomes

text: completely

text: entitled

text: to

text: the

text: property

text: purchased

text: and

text: on

text: producing

text: to

text: the

text: secretary

text: of

text: state

text: the

text: receipt

text: of

text: the

text: treasurer

text: upon

text: a

text: certificate

text: required

text: by

text: the

text: law

text: the

text: President

text: of

text: the

text: United

text: States

text: is

text: authorized

text: to

text: grant

text: him

text: a

text: patent

text: It

text: is

text: further

text: enacted

text: that

text: all

text: patents

text: shall

text: be

text: countersigned

text: by

text: the

text: secretary

text: of

text: state

text: and

text: recorded

text: in

text: the

text: office

text: If

text: the

text: secretary

text: of

text: state

text: should

text: choose

text: to

text: withhold

text: this

text: patent

text: or

text: the

text: patent

text: being

text: lost

text: should

text: refuse

text: a

text: copy

text: of

text: it

text: can

text: it

text: be

text: imagined

text: that

text: the

text: law

text: furnishes

text: to

text: the

text: injured

text: person

text: no

text: remedy

text: It

text: is

text: not

text: believed

text: that

text: any

text: person

text: whatever

text: would

text: attempt

text: to

text: maintain

text: such

text: a

text: proposition

text: It

text: follows

text: then

text: that

text: the

text: question

text: whether

text: the

text: legality

text: of

text: an

text: act

text: of

text: the

text: head

text: of

text: a

text: department

text: be

text: examinable

text: in

text: a

text: court

text: of

text: justice

text: or

text: not

text: must

text: always

text: depend

text: on

text: the

text: nature

text: of

text: that

text: act

text: If

text: some

text: acts

text: be

text: examinable

text: and

text: others

text: not

text: there

text: must

text: be

text: some

text: rule

text: of

text: law

text: to

text: guide

text: the

text: court

text: in

text: the

text: exercise

text: of

text: its

text: jurisdiction

text: In

text: some

text: instances

text: there

text: may

text: be

text: difficulty

text: in

text: applying

text: the

text: rule

text: to

text: particular

text: cases

text: but

text: there

text: cannot

text: it

text: is

text: believed

text: be

text: much

text: difficulty

text: in

text: laying

text: down

text: the

text: rule

text: By

text: the

text: constitution

text: of

text: the

text: United

text: States

text: the

text: president

text: is

text: invested

text: with

text: certain

text: important

text: political

text: powers

text: in

text: the

text: exercise

text: of

text: which

text: he

text: is

text: to

text: use

text: his

text: own

text: discretion

text: and

text: is

text: accountable

text: only

text: to

text: his

text: country

text: in

text: his

text: political

text: character

text: and

text: to

text: his

text: own

text: conscience

text: To

text: aid

text: him

text: in

text: the

text: performance

text: of

text: these

text: duties

text: he

text: is

text: authorized

text: to

text: appoint

text: certain

text: officers

text: who

text: act

text: by

text: his

text: authority

text: and

text: in

text: conformity

text: with

text: his

text: orders

text: In

text: such

text: cases

text: their

text: acts

text: are

text: his

text: acts

text: and

text: whatever

text: opinion

text: may

text: be

text: entertained

text: of

text: the

text: manner

text: in

text: which

text: executive

text: discretion

text: may

text: be

text: used

text: still

text: there

text: exists

text: and

text: can

text: exist

text: no

text: power

text: to

text: control

text: that

text: discretion

text: The

text: subjects

text: are

text: political

text: They

text: respect

text: the

text: nation

text: not

text: individual

text: rights

text: and

text: being

text: intrusted

text: to

text: the

text: executive

text: the

text: decision

text: of

text: the

text: executive

text: is

text: conclusive

text: The

text: application

text: of

text: this

text: remark

text: will

text: be

text: perceived

text: by

text: adverting

text: to

text: the

text: act

text: of

text: congress

text: for

text: establishing

text: the

text: department

text: of

text: foreign

text: affairs

text: This

text: officer

text: as

text: his

text: duties

text: were

text: prescribed

text: by

text: that

text: act

text: is

text: to

text: conform

text: precisely

text: to

text: the

text: will

text: of

text: the

text: president

text: He

text: is

text: the

text: mere

text: organ

text: by

text: whom

text: that

text: will

text: is

text: communicated

text: The

text: acts

text: of

text: such

text: an

text: officer

text: as

text: an

text: officer

text: can

text: never

text: be

text: examinable

text: by

text: the

text: courts

text: But

text: when

text: the

text: legislature

text: proceeds

text: to

text: impose

text: on

text: that

text: officer

text: other

text: duties

text: when

text: he

text: is

text: directed

text: peremptorily

text: to

text: perform

text: certain

text: acts

text: when

text: the

text: rights

text: of

text: individuals

text: are

text: dependent

text: on

text: the

text: performance

text: of

text: those

text: acts

text: he

text: is

text: so

text: far

text: the

text: officer

text: of

text: the

text: law

text: is

text: amenable

text: to

text: the

text: laws

text: for

text: his

text: conduct

text: and

text: cannot

text: at

text: his

text: discretion

text: sport

text: away

text: the

text: vested

text: rights

text: of

text: others

text: The

text: conclusion

text: from

text: this

text: reasoning

text: is

text: that

text: where

text: the

text: heads

text: of

text: departments

text: are

text: the

text: political

text: or

text: confidential

text: agents

text: of

text: the

text: executive

text: merely

text: to

text: execute

text: the

text: will

text: of

text: the

text: president

text: or

text: rather

text: to

text: act

text: in

text: cases

text: in

text: which

text: the

text: executive

text: possesses

text: a

text: constitutional

text: or

text: legal

text: discretion

text: nothing

text: can

text: be

text: more

text: perfectly

text: clear

text: than

text: that

text: their

text: acts

text: are

text: only

text: politically

text: examinable

text: But

text: where

text: a

text: specific

text: duty

text: is

text: assigned

text: by

text: law

text: and

text: individual

text: rights

text: depend

text: upon

text: the

text: performance

text: of

text: that

text: duty

text: it

text: seems

text: equally

text: clear

text: that

text: the

text: individual

text: who

text: considers

text: himself

text: injured

text: has

text: a

text: right

text: to

text: resort

text: to

text: the

text: laws

text: of

text: his

text: country

text: for

text: a

text: remedy

text: If

text: this

text: be

text: the

text: rule

text: let

text: us

text: inquire

text: how

text: it

text: applies

text: to

text: the

text: case

text: under

text: the

text: consideration

text: of

text: the

text: court

text: The

text: power

text: of

text: nominating

text: to

text: the

text: senate

text: and

text: the

text: power

text: of

text: appointing

text: the

text: person

text: nominated

text: are

text: political

text: powers

text: to

text: be

text: exercised

text: by

text: the

text: president

text: according

text: to

text: his

text: own

text: discretion

text: When

text: he

text: has

text: made

text: an

text: appointment

text: he

text: has

text: exercised

text: his

text: whole

text: power

text: and

text: his

text: discretion

text: has

text: been

text: completely

text: applied

text: to

text: the

text: case

text: If

text: by

text: law

text: the

text: officer

text: be

text: removable

text: at

text: the

text: will

text: of

text: the

text: president

text: then

text: a

text: new

text: appointment

text: may

text: be

text: immediately

text: made

text: and

text: the

text: rights

text: of

text: the

text: officer

text: are

text: terminated

text: But

text: as

text: a

text: fact

text: which

text: has

text: existed

text: cannot

text: be

text: made

text: never

text: to

text: have

text: existed

text: the

text: appointment

text: cannot

text: be

text: annihilated

text: and

text: consequently

text: if

text: the

text: officer

text: is

text: by

text: law

text: not

text: removable

text: at

text: the

text: will

text: of

text: the

text: president

text: the

text: rights

text: he

text: has

text: acquired

text: are

text: protected

text: by

text: the

text: law

text: and

text: are

text: not

text: resumable

text: by

text: the

text: president

text: They

text: cannot

text: be

text: extinguished

text: by

text: executive

text: authority

text: and

text: he

text: has

text: the

text: privilege

text: of

text: asserting

text: them

text: in

text: like

text: manner

text: as

text: if

text: they

text: had

text: been

text: derived

text: from

text: any

text: other

text: source

text: The

text: question

text: whether

text: a

text: right

text: has

text: vested

text: or

text: not

text: is

text: in

text: its

text: nature

text: judicial

text: and

text: must

text: be

text: tried

text: by

text: the

text: judicial

text: authority

text: If

text: for

text: example

text: Mr

text: Marbury

text: had

text: taken

text: the

text: oaths

text: of

text: a

text: magistrate

text: and

text: proceeded

text: to

text: act

text: as

text: one

text: in

text: consequence

text: of

text: which

text: a

text: suit

text: had

text: been

text: instituted

text: against

text: him

text: in

text: which

text: his

text: defence

text: had

text: depended

text: on

text: his

text: being

text: a

text: magistrate

text: the

text: validity

text: of

text: his

text: appointment

text: must

text: have

text: been

text: determined

text: by

text: judicial

text: authority

text: So

text: if

text: he

text: conceives

text: that

text: by

text: virtue

text: of

text: his

text: appointment

text: he

text: has

text: a

text: legal

text: right

text: either

text: to

text: the

text: commission

text: which

text: has

text: been

text: made

text: out

text: for

text: him

text: or

text: to

text: a

text: copy

text: of

text: that

text: commission

text: it

text: is

text: equally

text: a

text: question

text: examinable

text: in

text: a

text: court

text: and

text: the

text: decision

text: of

text: the

text: court

text: upon

text: it

text: must

text: depend

text: on

text: the

text: opinion

text: entertained

text: of

text: his

text: appointment

text: That

text: question

text: has

text: been

text: discussed

text: and

text: the

text: opinion

text: is

text: that

text: the

text: latest

text: point

text: of

text: time

text: which

text: can

text: be

text: taken

text: as

text: that

text: at

text: which

text: the

text: appointment

text: was

text: complete

text: and

text: evidenced

text: was

text: when

text: after

text: the

text: signature

text: of

text: the

text: president

text: the

text: seal

text: of

text: the

text: United

text: States

text: was

text: affixed

text: to

text: the

text: commission

text: It

text: is

text: then

text: the

text: opinion

text: of

text: the

text: court

text: st

text: That

text: by

text: signing

text: the

text: commission

text: of

text: Mr

text: Marbury

text: the

text: President

text: of

text: the

text: United

text: States

text: appointed

text: him

text: a

text: justice

text: of

text: peace

text: for

text: the

text: county

text: of

text: Washington

text: in

text: the

text: district

text: of

text: Columbia

text: and

text: that

text: the

text: seal

text: of

text: the

text: United

text: States

text: affixed

text: thereto

text: by

text: the

text: secretary

text: of

text: state

text: is

text: conclusive

text: testimony

text: of

text: the

text: verity

text: of

text: the

text: signature

text: and

text: of

text: the

text: completion

text: of

text: the

text: appointment

text: and

text: that

text: the

text: appointment

text: conferred

text: on

text: him

text: a

text: legal

text: right

text: to

text: the

text: office

text: for

text: the

text: space

text: of

text: five

text: years

text: dly

text: That

text: having

text: this

text: legal

text: title

text: to

text: the

text: office

text: he

text: has

text: a

text: consequent

text: right

text: to

text: the

text: commission

text: a

text: refusal

text: to

text: deliver

text: which

text: is

text: a

text: plain

text: violation

text: of

text: that

text: right

text: for

text: which

text: the

text: laws

text: of

text: his

text: country

text: afford

text: him

text: a

text: remedy

text: It

text: remains

text: to

text: be

text: inquired

text: whether

text: dly

text: He

text: is

text: entitled

text: to

text: the

text: remedy

text: for

text: which

text: he

text: applies

text: This

text: depends

text: on

text: st

text: The

text: nature

text: of

text: the

text: writ

text: applied

text: for

text: and

text: dly

text: The

text: power

text: of

text: this

text: court

text: st

text: The

text: nature

text: of

text: the

text: writ

text: Blackstone

text: in

text: the

text: d

text: volume

text: of

text: his

text: Commentaries

text: page

text: defines

text: a

text: mandamus

text: to

text: be

text: a

text: command

text: issuing

text: in

text: the

text: king

text: s

text: name

text: from

text: the

text: court

text: of

text: king

text: s

text: bench

text: and

text: directed

text: to

text: any

text: person

text: corporation

text: or

text: inferior

text: court

text: of

text: judicature

text: within

text: the

text: king

text: s

text: dominions

text: requiring

text: them

text: to

text: do

text: some

text: particular

text: thing

text: therein

text: specified

text: which

text: appertains

text: to

text: their

text: office

text: and

text: duty

text: and

text: which

text: the

text: court

text: of

text: king

text: s

text: bench

text: has

text: previously

text: determined

text: or

text: at

text: least

text: supposes

text: to

text: be

text: consonant

text: to

text: right

text: and

text: justice

text: Lord

text: Mansfield

text: in

text: Burrow

text: in

text: the

text: case

text: of

text: The

text: King

text: v

text: Baker

text: et

text: al

text: states

text: with

text: much

text: precision

text: and

text: explicitness

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text: cases

text: in

text: which

text: this

text: writ

text: may

text: be

text: used

text: Whenever

text: says

text: that

text: very

text: able

text: judge

text: there

text: is

text: a

text: right

text: to

text: execute

text: an

text: office

text: perform

text: a

text: service

text: or

text: exercise

text: a

text: franchise

text: more

text: especially

text: if

text: it

text: be

text: in

text: a

text: matter

text: of

text: public

text: concern

text: or

text: attended

text: with

text: profit

text: and

text: a

text: person

text: is

text: kept

text: out

text: of

text: possession

text: or

text: dispossessed

text: of

text: such

text: right

text: and

text: has

text: no

text: other

text: specific

text: legal

text: remedy

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text: court

text: ought

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text: assist

text: by

text: mandamus

text: upon

text: reasons

text: of

text: justice

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text: the

text: writ

text: expresses

text: and

text: upon

text: reasons

text: of

text: public

text: policy

text: to

text: preserve

text: peace

text: order

text: and

text: good

text: government

text: In

text: the

text: same

text: case

text: he

text: says

text: this

text: writ

text: ought

text: to

text: be

text: used

text: upon

text: all

text: occasions

text: where

text: the

text: law

text: has

text: established

text: no

text: specific

text: remedy

text: and

text: where

text: in

text: justice

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text: good

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text: there

text: ought

text: to

text: be

text: one

text: In

text: addition

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text: the

text: authorities

text: now

text: particularly

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text: relied

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text: at

text: the

text: bar

text: which

text: show

text: how

text: far

text: the

text: practice

text: has

text: conformed

text: to

text: the

text: general

text: doctrines

text: that

text: have

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text: just

text: quoted

text: This

text: writ

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text: be

text: directed

text: to

text: an

text: officer

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text: government

text: and

text: its

text: mandate

text: to

text: him

text: would

text: be

text: to

text: use

text: the

text: words

text: of

text: Blackstone

text: to

text: do

text: a

text: particular

text: thing

text: therein

text: specified

text: which

text: appertains

text: to

text: his

text: office

text: and

text: duty

text: and

text: which

text: the

text: court

text: has

text: previously

text: determined

text: or

text: at

text: least

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text: to

text: be

text: consonant

text: to

text: right

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text: justice

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text: in

text: the

text: words

text: of

text: Lord

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text: the

text: applicant

text: in

text: this

text: case

text: has

text: a

text: right

text: to

text: execute

text: an

text: office

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text: public

text: concern

text: and

text: is

text: kept

text: out

text: of

text: possession

text: of

text: that

text: right

text: These

text: circumstances

text: certainly

text: concur

text: in

text: this

text: case

text: Still

text: to

text: render

text: the

text: mandamus

text: a

text: proper

text: remedy

text: the

text: officer

text: to

text: whom

text: it

text: is

text: to

text: be

text: directed

text: must

text: be

text: one

text: to

text: whom

text: on

text: legal

text: principles

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text: writ

text: may

text: be

text: directed

text: and

text: the

text: person

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text: it

text: must

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text: without

text: any

text: other

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text: legal

text: remedy

text: st

text: With

text: respect

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text: the

text: officer

text: to

text: whom

text: it

text: would

text: be

text: directed

text: The

text: intimate

text: political

text: relation

text: subsisting

text: between

text: the

text: President

text: of

text: the

text: United

text: States

text: and

text: the

text: heads

text: of

text: departments

text: necessarily

text: renders

text: any

text: legal

text: investigation

text: of

text: the

text: acts

text: of

text: one

text: of

text: those

text: high

text: officers

text: peculiarly

text: irksome

text: as

text: well

text: as

text: delicate

text: and

text: excites

text: some

text: hesitation

text: with

text: respect

text: to

text: the

text: propriety

text: of

text: entering

text: into

text: such

text: investigation

text: Impressions

text: are

text: often

text: received

text: without

text: much

text: reflection

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text: examination

text: and

text: it

text: is

text: not

text: wonderful

text: that

text: in

text: such

text: a

text: case

text: as

text: this

text: the

text: assertion

text: by

text: an

text: individual

text: of

text: his

text: legal

text: claims

text: in

text: a

text: court

text: of

text: justice

text: to

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text: claims

text: it

text: is

text: the

text: duty

text: of

text: that

text: court

text: to

text: attend

text: should

text: at

text: first

text: view

text: be

text: considered

text: by

text: some

text: as

text: an

text: attempt

text: to

text: intrude

text: into

text: the

text: cabinet

text: and

text: to

text: inter

text: meddle

text: with

text: the

text: prerogatives

text: of

text: the

text: executive

text: It

text: is

text: scarcely

text: necessary

text: for

text: the

text: court

text: to

text: disclaim

text: all

text: pretensions

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text: a

text: jurisdiction

text: An

text: extravagance

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text: absurd

text: and

text: excessive

text: could

text: not

text: have

text: been

text: entertained

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text: a

text: moment

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text: province

text: of

text: the

text: court

text: is

text: solely

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text: decide

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text: the

text: rights

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text: individuals

text: not

text: to

text: inquire

text: how

text: the

text: executive

text: or

text: executive

text: officers

text: perform

text: duties

text: in

text: which

text: they

text: have

text: a

text: discretion

text: Questions

text: in

text: their

text: nature

text: political

text: or

text: which

text: are

text: by

text: the

text: constitution

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text: laws

text: submitted

text: to

text: the

text: executive

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text: never

text: be

text: made

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text: court

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text: intrusion

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text: secrets

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text: cabinet

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text: respects

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text: paper

text: which

text: according

text: to

text: law

text: is

text: upon

text: record

text: and

text: to

text: a

text: copy

text: of

text: which

text: the

text: law

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text: a

text: right

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text: the

text: payment

text: of

text: ten

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text: it

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text: executive

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text: exercised

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text: control

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text: is

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text: in

text: the

text: exalted

text: station

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text: the

text: officer

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text: shall

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text: citizen

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text: asserting

text: in

text: a

text: court

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text: justice

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text: legal

text: rights

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text: shall

text: forbid

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text: court

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text: listen

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text: the

text: claim

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text: mandamus

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text: performance

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text: a

text: duty

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text: executive

text: discretion

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text: on

text: particular

text: acts

text: of

text: congress

text: and

text: the

text: general

text: principles

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text: law

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text: one

text: of

text: the

text: heads

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text: illegal

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text: under

text: colour

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text: his

text: office

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text: which

text: an

text: individual

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text: injury

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text: pretended

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text: office

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text: being

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text: ordinary

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text: compelled

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text: judgment

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text: the

text: law

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text: this

text: particular

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text: the

text: legality

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text: conduct

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text: case

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text: case

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text: person

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text: writ

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text: the

text: nature

text: of

text: the

text: thing

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text: be

text: done

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text: the

text: propriety

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text: issuing

text: a

text: mandamus

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text: to

text: be

text: determined

text: Where

text: the

text: head

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text: department

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text: a

text: case

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text: a

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text: where

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text: absolute

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text: performance

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text: particular

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text: the

text: president

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text: the

text: performance

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text: the

text: president

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text: patent

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text: adjudication

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text: supreme

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text: highest

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text: the

text: mode

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text: law

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text: law

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text: authority

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text: United

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text: clause

text: in

text: the

text: constitution

text: is

text: intended

text: to

text: be

text: without

text: effect

text: and

text: therefore

text: such

text: a

text: construction

text: is

text: inadmissible

text: unless

text: the

text: words

text: require

text: it

text: If

text: the

text: solicitude

text: of

text: the

text: convention

text: respecting

text: our

text: peace

text: with

text: foreign

text: powers

text: induced

text: a

text: provision

text: that

text: the

text: supreme

text: court

text: should

text: take

text: original

text: jurisdiction

text: in

text: cases

text: which

text: might

text: be

text: supposed

text: to

text: affect

text: them

text: yet

text: the

text: clause

text: would

text: have

text: proceeded

text: no

text: further

text: than

text: to

text: provide

text: for

text: such

text: cases

text: if

text: no

text: further

text: restriction

text: on

text: the

text: powers

text: of

text: congress

text: had

text: been

text: intended

text: That

text: they

text: should

text: have

text: appellate

text: jurisdiction

text: in

text: all

text: other

text: cases

text: with

text: such

text: exceptions

text: as

text: congress

text: might

text: make

text: is

text: no

text: restriction

text: unless

text: the

text: words

text: be

text: deemed

text: exclusive

text: of

text: original

text: jurisdiction

text: When

text: an

text: instrument

text: organizing

text: fundamentally

text: a

text: judicial

text: system

text: divides

text: it

text: into

text: one

text: supreme

text: and

text: so

text: many

text: inferior

text: courts

text: as

text: the

text: legislature

text: may

text: ordain

text: and

text: establish

text: then

text: enumerates

text: its

text: powers

text: and

text: proceeds

text: so

text: far

text: to

text: distribute

text: them

text: as

text: to

text: define

text: the

text: jurisdiction

text: of

text: the

text: supreme

text: court

text: by

text: declaring

text: the

text: cases

text: in

text: which

text: it

text: shall

text: take

text: original

text: jurisdiction

text: and

text: that

text: in

text: others

text: it

text: shall

text: take

text: appellate

text: jurisdiction

text: the

text: plain

text: import

text: of

text: the

text: words

text: seems

text: to

text: be

text: that

text: in

text: one

text: class

text: of

text: cases

text: its

text: jurisdiction

text: is

text: original

text: and

text: not

text: appellate

text: in

text: the

text: other

text: it

text: is

text: appellate

text: and

text: not

text: original

text: If

text: any

text: other

text: construction

text: would

text: render

text: the

text: clause

text: inoperative

text: that

text: is

text: an

text: additional

text: reason

text: for

text: rejecting

text: such

text: other

text: construction

text: and

text: for

text: adhering

text: to

text: their

text: obvious

text: meaning

text: To

text: enable

text: this

text: court

text: then

text: to

text: issue

text: a

text: mandamus

text: it

text: must

text: be

text: shown

text: to

text: be

text: an

text: exercise

text: of

text: appellate

text: jurisdiction

text: or

text: to

text: be

text: necessary

text: to

text: enable

text: them

text: to

text: exercise

text: appellate

text: jurisdiction

text: It

text: has

text: been

text: stated

text: at

text: the

text: bar

text: that

text: the

text: appellate

text: jurisdiction

text: may

text: be

text: exercised

text: in

text: a

text: variety

text: of

text: forms

text: and

text: that

text: if

text: it

text: be

text: the

text: will

text: of

text: the

text: legislature

text: that

text: a

text: mandamus

text: should

text: be

text: used

text: for

text: that

text: purpose

text: that

text: will

text: must

text: be

text: obeyed

text: This

text: is

text: true

text: yet

text: the

text: jurisdiction

text: must

text: be

text: appellate

text: not

text: original

text: It

text: is

text: the

text: essential

text: criterion

text: of

text: appellate

text: jurisdiction

text: that

text: it

text: revises

text: and

text: corrects

text: the

text: proceedings

text: in

text: a

text: cause

text: already

text: instituted

text: and

text: does

text: not

text: create

text: that

text: cause

text: Although

text: therefore

text: a

text: mandamus

text: may

text: be

text: directed

text: to

text: courts

text: yet

text: to

text: issue

text: such

text: a

text: writ

text: to

text: an

text: officer

text: for

text: the

text: delivery

text: of

text: a

text: paper

text: is

text: in

text: effect

text: the

text: same

text: as

text: to

text: sustain

text: an

text: original

text: action

text: for

text: that

text: paper

text: and

text: therefore

text: seems

text: not

text: to

text: belong

text: to

text: appellate

text: but

text: to

text: original

text: jurisdiction

text: Neither

text: is

text: it

text: necessary

text: in

text: such

text: a

text: case

text: as

text: this

text: to

text: enable

text: the

text: court

text: to

text: exercise

text: its

text: appellate

text: jurisdiction

text: The

text: authority

text: therefore

text: given

text: to

text: the

text: supreme

text: court

text: by

text: the

text: act

text: establishing

text: the

text: judicial

text: courts

text: of

text: the

text: United

text: States

text: to

text: issue

text: writs

text: of

text: mandamus

text: to

text: public

text: officers

text: appears

text: not

text: to

text: be

text: warranted

text: by

text: the

text: constitution

text: and

text: it

text: becomes

text: necessary

text: to

text: inquire

text: whether

text: a

text: jurisdiction

text: so

text: conferred

text: can

text: be

text: exercised

text: The

text: question

text: whether

text: an

text: act

text: repugnant

text: to

text: the

text: constitution

text: can

text: become

text: the

text: law

text: of

text: the

text: land

text: is

text: a

text: question

text: deeply

text: interesting

text: to

text: the

text: United

text: States

text: but

text: happily

text: not

text: of

text: an

text: intricacy

text: proportioned

text: to

text: its

text: interest

text: It

text: seems

text: only

text: necessary

text: to

text: recognise

text: certain

text: principles

text: supposed

text: to

text: have

text: been

text: long

text: and

text: well

text: established

text: to

text: decide

text: it

text: That

text: the

text: people

text: have

text: an

text: original

text: right

text: to

text: establish

text: for

text: their

text: future

text: government

text: such

text: principles

text: as

text: in

text: their

text: opinion

text: shall

text: most

text: conduce

text: to

text: their

text: own

text: happiness

text: is

text: the

text: basis

text: on

text: which

text: the

text: whole

text: American

text: fabric

text: has

text: been

text: erected

text: The

text: exercise

text: of

text: this

text: original

text: right

text: is

text: a

text: very

text: great

text: exertion

text: nor

text: can

text: it

text: nor

text: ought

text: it

text: to

text: be

text: frequently

text: repeated

text: The

text: principles

text: therefore

text: so

text: established

text: are

text: deemed

text: fundamental

text: And

text: as

text: the

text: authority

text: from

text: which

text: they

text: proceed

text: is

text: supreme

text: and

text: can

text: seldom

text: act

text: they

text: are

text: designed

text: to

text: be

text: permanent

text: This

text: original

text: and

text: supreme

text: will

text: organizes

text: the

text: government

text: and

text: assigns

text: to

text: different

text: departments

text: their

text: respective

text: powers

text: It

text: may

text: either

text: stop

text: here

text: or

text: establish

text: certain

text: limits

text: not

text: to

text: be

text: transcended

text: by

text: those

text: departments

text: The

text: government

text: of

text: the

text: United

text: States

text: is

text: of

text: the

text: latter

text: description

text: The

text: powers

text: of

text: the

text: legislature

text: are

text: defined

text: and

text: limited

text: and

text: that

text: those

text: limits

text: may

text: not

text: be

text: mistaken

text: or

text: forgotten

text: the

text: constitution

text: is

text: written

text: To

text: what

text: purpose

text: are

text: powers

text: limited

text: and

text: to

text: what

text: purpose

text: is

text: that

text: limitation

text: committed

text: to

text: writing

text: if

text: these

text: limits

text: may

text: at

text: any

text: time

text: be

text: passed

text: by

text: those

text: intended

text: to

text: be

text: restrained

text: The

text: distinction

text: between

text: a

text: government

text: with

text: limited

text: and

text: unlimited

text: powers

text: is

text: abolished

text: if

text: those

text: limits

text: do

text: not

text: confine

text: the

text: persons

text: on

text: whom

text: they

text: are

text: imposed

text: and

text: if

text: acts

text: prohibited

text: and

text: acts

text: allowed

text: are

text: of

text: equal

text: obligation

text: It

text: is

text: a

text: proposition

text: too

text: plain

text: to

text: be

text: contested

text: that

text: the

text: constitution

text: controls

text: any

text: legislative

text: act

text: repugnant

text: to

text: it

text: or

text: that

text: the

text: legislature

text: may

text: alter

text: the

text: constitution

text: by

text: an

text: ordinary

text: act

text: Between

text: these

text: alternative

text: there

text: is

text: no

text: middle

text: ground

text: The

text: constitution

text: is

text: either

text: a

text: superior

text: paramount

text: law

text: unchangeable

text: by

text: ordinary

text: means

text: or

text: it

text: is

text: on

text: a

text: level

text: with

text: ordinary

text: legislative

text: acts

text: and

text: like

text: other

text: acts

text: is

text: alterable

text: when

text: the

text: legislature

text: shall

text: please

text: to

text: alter

text: it

text: If

text: the

text: former

text: part

text: of

text: the

text: alternative

text: be

text: true

text: then

text: a

text: legislative

text: act

text: contrary

text: to

text: the

text: constitution

text: is

text: not

text: law

text: if

text: the

text: latter

text: part

text: be

text: true

text: then

text: written

text: constitutions

text: are

text: absurd

text: attempts

text: on

text: the

text: part

text: of

text: the

text: people

text: to

text: limit

text: a

text: power

text: in

text: its

text: own

text: nature

text: illimitable

text: Certainly

text: all

text: those

text: who

text: have

text: framed

text: written

text: constitutions

text: contemplate

text: them

text: as

text: forming

text: the

text: fundamental

text: and

text: paramount

text: law

text: of

text: the

text: nation

text: and

text: consequently

text: the

text: theory

text: of

text: every

text: such

text: government

text: must

text: be

text: that

text: an

text: act

text: of

text: the

text: legislature

text: repugnant

text: to

text: the

text: constitution

text: is

text: void

text: This

text: theory

text: is

text: essentially

text: attached

text: to

text: a

text: written

text: constitution

text: and

text: is

text: consequently

text: to

text: be

text: considered

text: by

text: this

text: court

text: as

text: one

text: of

text: the

text: fundamental

text: principles

text: of

text: our

text: society

text: It

text: is

text: not

text: therefore

text: to

text: be

text: lost

text: sight

text: of

text: in

text: the

text: further

text: consideration

text: of

text: this

text: subject

text: If

text: an

text: act

text: of

text: the

text: legislature

text: repugnant

text: to

text: the

text: constitution

text: is

text: void

text: does

text: it

text: notwithstanding

text: its

text: invalidity

text: bind

text: the

text: courts

text: and

text: oblige

text: them

text: to

text: give

text: it

text: effect

text: Or

text: in

text: other

text: words

text: though

text: it

text: be

text: not

text: law

text: does

text: it

text: constitute

text: a

text: rule

text: as

text: operative

text: as

text: if

text: it

text: was

text: a

text: law

text: This

text: would

text: be

text: to

text: overthrow

text: in

text: fact

text: what

text: was

text: established

text: in

text: theory

text: and

text: would

text: seem

text: at

text: first

text: view

text: an

text: absurdity

text: too

text: gross

text: to

text: be

text: insisted

text: on

text: It

text: shall

text: however

text: receive

text: a

text: more

text: attentive

text: consideration

text: It

text: is

text: emphatically

text: the

text: province

text: and

text: duty

text: of

text: the

text: judicial

text: department

text: to

text: say

text: what

text: the

text: law

text: is

text: Those

text: who

text: apply

text: the

text: rule

text: to

text: particular

text: cases

text: must

text: of

text: necessity

text: expound

text: and

text: interpret

text: that

text: rule

text: If

text: two

text: laws

text: conflict

text: with

text: each

text: other

text: the

text: courts

text: must

text: decide

text: on

text: the

text: operation

text: of

text: each

text: So

text: if

text: a

text: law

text: be

text: in

text: opposition

text: to

text: the

text: constitution

text: if

text: both

text: the

text: law

text: and

text: the

text: constitution

text: apply

text: to

text: a

text: particular

text: case

text: so

text: that

text: the

text: court

text: must

text: either

text: decide

text: that

text: case

text: conformably

text: to

text: the

text: law

text: disregarding

text: the

text: constitution

text: or

text: conformably

text: to

text: the

text: constitution

text: disregarding

text: the

text: law

text: the

text: court

text: must

text: determine

text: which

text: of

text: these

text: conflicting

text: rules

text: governs

text: the

text: case

text: This

text: is

text: of

text: the

text: very

text: essence

text: of

text: judicial

text: duty

text: If

text: then

text: the

text: courts

text: are

text: to

text: regard

text: the

text: constitution

text: and

text: the

text: constitution

text: is

text: superior

text: to

text: any

text: ordinary

text: act

text: of

text: the

text: legislature

text: the

text: constitution

text: and

text: not

text: such

text: ordinary

text: act

text: must

text: govern

text: the

text: case

text: to

text: which

text: they

text: both

text: apply

text: Those

text: then

text: who

text: controvert

text: the

text: principle

text: that

text: the

text: constitution

text: is

text: to

text: be

text: considered

text: in

text: court

text: as

text: a

text: paramount

text: law

text: are

text: reduced

text: to

text: the

text: necessity

text: of

text: maintaining

text: that

text: courts

text: must

text: close

text: their

text: eyes

text: on

text: the

text: constitution

text: and

text: see

text: only

text: the

text: law

text: This

text: doctrine

text: would

text: subvert

text: the

text: very

text: foundation

text: of

text: all

text: written

text: constitutions

text: It

text: would

text: declare

text: that

text: an

text: act

text: which

text: according

text: to

text: the

text: principles

text: and

text: theory

text: of

text: our

text: government

text: is

text: entirely

text: void

text: is

text: yet

text: in

text: practice

text: completely

text: obligatory

text: It

text: would

text: declare

text: that

text: if

text: the

text: legislature

text: shall

text: do

text: what

text: is

text: expressly

text: forbidden

text: such

text: act

text: notwithstanding

text: the

text: express

text: prohibition

text: is

text: in

text: reality

text: effectual

text: It

text: would

text: be

text: giving

text: to

text: the

text: legislature

text: a

text: practical

text: and

text: real

text: omnipotence

text: with

text: the

text: same

text: breath

text: which

text: professes

text: to

text: restrict

text: their

text: powers

text: within

text: narrow

text: limits

text: It

text: is

text: prescribing

text: limits

text: and

text: declaring

text: that

text: those

text: limits

text: may

text: be

text: passed

text: at

text: pleasure

text: That

text: it

text: thus

text: reduces

text: to

text: nothing

text: what

text: we

text: have

text: deemed

text: the

text: greatest

text: improvement

text: on

text: political

text: institutions

text: a

text: written

text: constitution

text: would

text: of

text: itself

text: be

text: sufficient

text: in

text: America

text: where

text: written

text: constitutions

text: have

text: been

text: viewed

text: with

text: so

text: much

text: reverence

text: for

text: rejecting

text: the

text: construction

text: But

text: the

text: peculiar

text: expressions

text: of

text: the

text: constitution

text: of

text: the

text: United

text: States

text: furnish

text: additional

text: arguments

text: in

text: favour

text: of

text: its

text: rejection

text: The

text: judicial

text: power

text: of

text: the

text: United

text: States

text: is

text: extended

text: to

text: all

text: cases

text: arising

text: under

text: the

text: constitution

text: Could

text: it

text: be

text: the

text: intention

text: of

text: those

text: who

text: gave

text: this

text: power

text: to

text: say

text: that

text: in

text: using

text: it

text: the

text: constitution

text: should

text: not

text: be

text: looked

text: into

text: That

text: a

text: case

text: arising

text: under

text: the

text: constitution

text: should

text: be

text: decided

text: without

text: examining

text: the

text: instrument

text: under

text: which

text: it

text: arises

text: This

text: is

text: too

text: extravagant

text: to

text: be

text: maintained

text: In

text: some

text: cases

text: then

text: the

text: constitution

text: must

text: be

text: looked

text: into

text: by

text: the

text: judges

text: And

text: if

text: they

text: can

text: open

text: it

text: at

text: all

text: what

text: part

text: of

text: it

text: are

text: they

text: forbidden

text: to

text: read

text: or

text: to

text: obey

text: There

text: are

text: many

text: other

text: parts

text: of

text: the

text: constitution

text: which

text: serve

text: to

text: illustrate

text: this

text: subject

text: It

text: is

text: declared

text: that

text: no

text: tax

text: or

text: duty

text: shall

text: be

text: laid

text: on

text: articles

text: exported

text: from

text: any

text: state

text: Suppose

text: a

text: duty

text: on

text: the

text: export

text: of

text: cotton

text: of

text: tobacco

text: or

text: of

text: flour

text: and

text: a

text: suit

text: instituted

text: to

text: recover

text: it

text: Ought

text: judgment

text: to

text: be

text: rendered

text: in

text: such

text: a

text: case

text: ought

text: the

text: judges

text: to

text: close

text: their

text: eyes

text: on

text: the

text: constitution

text: and

text: only

text: see

text: the

text: law

text: The

text: constitution

text: declares

text: that

text: no

text: bill

text: of

text: attainder

text: or

text: ex

text: post

text: facto

text: law

text: shall

text: be

text: passed

text: If

text: however

text: such

text: a

text: bill

text: should

text: be

text: passed

text: and

text: a

text: person

text: should

text: be

text: prosecuted

text: under

text: it

text: must

text: the

text: court

text: condemn

text: to

text: death

text: those

text: victims

text: whom

text: the

text: constitution

text: endeavours

text: to

text: preserve

text: No

text: person

text: says

text: the

text: constitution

text: shall

text: be

text: convicted

text: of

text: treason

text: unless

text: on

text: the

text: testimony

text: of

text: two

text: witnesses

text: to

text: the

text: same

text: overt

text: act

text: or

text: on

text: confession

text: in

text: open

text: court

text: Here

text: the

text: language

text: of

text: the

text: constitution

text: is

text: addressed

text: especially

text: to

text: the

text: courts

text: It

text: prescribes

text: directly

text: for

text: them

text: a

text: rule

text: of

text: evidence

text: not

text: to

text: be

text: departed

text: from

text: If

text: the

text: legislature

text: should

text: change

text: that

text: rule

text: and

text: declare

text: one

text: witness

text: or

text: a

text: confession

text: out

text: of

text: court

text: sufficient

text: for

text: conviction

text: must

text: the

text: constitutional

text: principle

text: yield

text: to

text: the

text: legislative

text: act

text: From

text: these

text: and

text: many

text: other

text: selections

text: which

text: might

text: be

text: made

text: it

text: is

text: apparent

text: that

text: the

text: framers

text: of

text: the

text: constitution

text: contemplated

text: that

text: instrument

text: as

text: a

text: rule

text: for

text: the

text: government

text: of

text: courts

text: as

text: well

text: as

text: of

text: the

text: legislature

text: Why

text: otherwise

text: does

text: it

text: direct

text: the

text: judges

text: to

text: take

text: an

text: oath

text: to

text: support

text: it

text: This

text: oath

text: certainly

text: applies

text: in

text: an

text: especial

text: manner

text: to

text: their

text: conduct

text: in

text: their

text: official

text: character

text: How

text: immoral

text: to

text: impose

text: it

text: on

text: them

text: if

text: they

text: were

text: to

text: be

text: used

text: as

text: the

text: instruments

text: and

text: the

text: knowing

text: instruments

text: for

text: violating

text: what

text: they

text: swear

text: to

text: support

text: The

text: oath

text: of

text: office

text: too

text: imposed

text: by

text: the

text: legislature

text: is

text: completely

text: demonstrative

text: of

text: the

text: legislative

text: opinion

text: on

text: this

text: subject

text: It

text: is

text: in

text: these

text: words

text: I

text: do

text: solemnly

text: swear

text: that

text: I

text: will

text: administer

text: justice

text: without

text: respect

text: to

text: persons

text: and

text: do

text: equal

text: right

text: to

text: the

text: poor

text: and

text: to

text: the

text: rich

text: and

text: that

text: I

text: will

text: faithfully

text: and

text: impartially

text: discharge

text: all

text: the

text: duties

text: incumbent

text: on

text: me

text: as

text: according

text: to

text: the

text: best

text: of

text: my

text: abilities

text: and

text: understanding

text: agreeably

text: to

text: the

text: constitution

text: and

text: laws

text: of

text: the

text: United

text: States

text: Why

text: does

text: a

text: judge

text: swear

text: to

text: discharge

text: his

text: duties

text: agreeably

text: to

text: the

text: constitution

text: of

text: the

text: United

text: States

text: if

text: that

text: constitution

text: forms

text: no

text: rule

text: for

text: his

text: government

text: if

text: it

text: is

text: closed

text: upon

text: him

text: and

text: cannot

text: be

text: inspected

text: by

text: him

text: If

text: such

text: be

text: the

text: real

text: state

text: of

text: things

text: this

text: is

text: worse

text: than

text: solemn

text: mockery

text: To

text: prescribe

text: or

text: to

text: take

text: this

text: oath

text: becomes

text: equally

text: a

text: crime

text: It

text: is

text: also

text: not

text: entirely

text: unworthy

text: of

text: observation

text: that

text: in

text: declaring

text: what

text: shall

text: be

text: the

text: supreme

text: law

text: of

text: the

text: land

text: the

text: constitution

text: itself

text: is

text: first

text: mentioned

text: and

text: not

text: the

text: laws

text: of

text: the

text: United

text: States

text: generally

text: but

text: those

text: only

text: which

text: shall

text: be

text: made

text: in

text: pursuance

text: of

text: the

text: constitution

text: have

text: that

text: rank

text: Thus

text: the

text: particular

text: phraseology

text: of

text: the

text: constitution

text: of

text: the

text: United

text: States

text: confirms

text: and

text: strengthens

text: the

text: principle

text: supposed

text: to

text: be

text: essential

text: to

text: all

text: written

text: constitutions

text: that

text: a

text: law

text: repugnant

text: to

text: the

text: constitution

text: is

text: void

text: and

text: that

text: courts

text: as

text: well

text: as

text: other

text: departments

text: are

text: bound

text: by

text: that

text: instrument

text: The

text: rule

text: must

text: be

text: discharged