d Carriage cases, some on the nature of the Constitution and of the
judicial office, some on the contemporary use of terms and the
undisputed practice under the Constitution of all constitutional
authorities. Moreover, said The Federalist orators, judicial review was
expedient, since the judiciary had control of neither the purse nor the
sword; it was the substitute offered by political wisdom for the
destructive right of revolution; to have established this principle of
constitutional security, a novelty in the history of nations, was the
peculiar glory of the American people; the contrary doctrine was
monstrous and unheard of. The year following Marshall concluded the
debate, and rendered decision, in Marbury _v._ Madison. _See_ Edward S.
Corwin, The Doctrine of Judicial Review (Princeton University Press.
1914), 49-59; and Court Over Constitution (1938), Chap. 1. "The glory
and ornament of our system which distinguishes it from every other
government on the face of the earth is that there is a great and mighty
power hovering over the Constitution of the land to which has been
delegated the awful responsibility of restraining all the coordinate
departments of government within the walls of the governmental fabric
which our fathers built for our protection and immunity."--Chief Justice
Edward Douglass White when Senator from Louisiana. Cong. Record, 52d
Cong., 2d sess., p. 6516 (1894). "I do not think the United States would
come to an end if we lost our power to declare an Act of Congress void.
I do think the Union would be imperiled if we could not make that
declaration as to the laws of the several States." Oliver Wendell
Holmes, Collected Legal Papers (New York, 1920), 295-296.

[259] The Federalist No. 78.

[260] 3 Dall. 386, 399 (1798).

[261] 2 Dall. 409 (1792).

[262] 1 Stat. 243 (1792).

[263] 3 Dall. 171 (1796).

[264] 1 Cr. 137 (1803).

[265] 1 Stat. 73, 81.

[266] Cr. 137, 175-180.

[267] Ibid. 180. The opinion in Marbury _v._ Madison is subject to two
valid criticisms. In the first place the construction of the 13th
Section of the Judiciary Act, if not erroneous, was unnecessary since
the section could have been interpreted, as it afterward was, merely to
give the Court the power to issue mandamus and other writs when it had
jurisdiction but not for the purpose of acquiring jurisdiction. The
exclusive interpretation of the Court's original jurisdiction, sometimes
made a subject of criticism, ha