Marbury v. Madison · ¶141

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.

U. S. Reports, bound volume
U. S. Reports, volume 5, at 137 (Library of Congress) · transcription: Caselaw Access Project
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