what 1803 u.s. supreme court case assessed the constitutionality of legislation passed by congress?
U.S. Supreme Court
Marbury v. Madison, 5 U.S. 1 Cranch 137 137 (1803)
Marbury v. Madison5 U.S. (1 Cranch) 137
If 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.
Page 5 U. S. 138 Page 5 U. S. 139
The questions argued by the counsel for the relators were, 1. Whether the Supreme Court can award the writ of mandamus in any case. 2. Whether it will lie to a Secretary of State, in any case whatever. 3. Whether, in the present case, the Court may award a mandamus to James Madison, Secretary of State.
Page 5 U. S. 153