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, and declaring that those limits may be passed at
pleasure." (Marbury _v._ Madison, 1 Cranch, 177.) More weighty words
than these have never, speaking of human things, fallen from the lips of
man: weighty in themselves from their own simple but eloquent
conclusiveness--weightier still from their unspeakable importance, the
immeasurable influence they have had, and, it is to be hoped, will ever
continue to have, upon the destinies of the United States of America.
The judiciary department, though originating nothing, but acting only
when invoked by parties in the prosecution of their rights, is thus
necessarily an important political branch of the government. That
department spreads the broad and impregnable shield of its protection
over the life, limbs, liberty, and property of the citizen, when invaded
even by the will of the majority. Our Bills of Rights are, therefore,
not mere enunciations of abstract principles, but solemn enactments by
the people themselves, guarded by a sufficient sanction. They have not,
perhaps, as yet, carried far enough their provisions for the security of
property from the unjust action of government. The obligation of
contracts has been declared sacred; the right of eminent domain
restricted by the provision for compensation. Yet, even as to contracts,
the legislature may still exercise dangerous powers over the remedy,
short of taking it away entirely, and over the rules of evidence. As to
eminent domain, they possess an undefined right to determine the time
and manner of ascertaining the compensation. Our constitutions are
frequently undergoing revision; and too much care cannot be exercised to
strengthen our securities in this quarter. Personal liberty, trial by
j