that of an
inferior act of legislation which, transcending the Constitution, is of
no effect and binding on no one. This is not the exercise of a
substantive power to review and nullify acts of Congress, for no such
substantive power exists. It is simply a necessary concomitant of the
power to hear and dispose of a case or controversy properly before the
court, to the determination of which must be brought the test and
measure of the law." Adkins _v._ Children's Hospital, 261 U.S. 525, 544
(1923). In United States _v._ Butler, 297 U.S. 1, 62 (1936), Justice
Roberts for the Court reduced judicial review to very simple terms when
he declared that when an act is challenged as being unconstitutional,
"the judicial branch of the Government has only one duty,--to lay the
article of the Constitution which is invoked beside the statute which is
challenged and to decide whether the latter squares with the former."

[270] Note, for example, the following statement of Chief Justice
Marshall: "Judicial power, as contradistinguished from the power of the
laws, has no existence. Courts are the mere instruments of the law, and
can will nothing." Osborn _v._ Bank of United States, 9 Wheat. 738, 866
(1824). Note also the assertion of Justice Roberts: "All the court does,
can do, is to announce its considered judgment upon the question. The
only power it has, if such it may be called, is the power of judgment.
This court neither approves nor condemns any legislative policy. Its
delicate and difficult office is to ascertain and declare whether the
legislation is in accordance with, or in contravention of, the
Constitution; and, having done that, its duty ends." United States _v._
Butler, 297 U.S. 1, 62-63 (1936).

[271] Chicago & Grand Trunk R. Co. _v._ Wellman, 143 U.S. 339, 345
(1892).

[272] Ibid. _See also_ Muskrat _v._ United States, 219 U.S. 346 (1911);
Massachusetts _v._ Mellon, 262 U.S. 447 (1923); Alabama State Federation
of Labor _v._ McAdory, 325 U.S. 450 (1945); United Public Workers of
America _v._ Mitchell, 330 U.S. 75 (1947); Fleming _v._ Rhodes, 331 U.S.
100, 104 (1947)

[273] Rescue Army _v._ Municipal Court of Los Angeles, 331 U.S. 549,
568-575 (1947). _See also_ Alma Motor Co. _v._ Timken-Detroit Axle Co.,
329 U.S. 129 (1946); Spector Motor Service _v._ McLaughlin, 323 U.S.
101, 105 (1944); Coffman _v._ Breeze Corporations, 323 U.S. 316, 324-325
(1945); Carter _v._ Carter Coal Co., 298 U.S. 238, 325 (1936); Siler
_