| | <blockquote>The fate of the Constitution will not then depend on judicial decisions. But, should no appeal be made to force, the States can put an end to the government by refusing to act. They have only not to elect Senators, and it expires without a struggle.<br /><br />It is very true that, whenever hostility to the existing system shall become universal, it will be also irresistible. The people made the Constitution, and the people can unmake it. It is the creature of their will, and lives only by their will.</blockquote> | | <blockquote>The fate of the Constitution will not then depend on judicial decisions. But, should no appeal be made to force, the States can put an end to the government by refusing to act. They have only not to elect Senators, and it expires without a struggle.<br /><br />It is very true that, whenever hostility to the existing system shall become universal, it will be also irresistible. The people made the Constitution, and the people can unmake it. It is the creature of their will, and lives only by their will.</blockquote> |
| − | Marshall correctly observes that popular sovereignty is the most fundamental of all principles, and that constitutional supremacy is a direct derivative of that sovereignty.<ref>[https://books.google.com/books?id=2Ly79RhdbgUC&pg=PA235 Human Rights, Constitutional Law and the Development of the English Legal System: Selected Essays]</ref> Marshall frequently expounded this viewpoint, including in his most well known ruling, [[Marbury v. Madison]]. According to Michael Stokes Paulsen, professor of law, the logic of ''Marbury''' implies "'not, as it is so widely assumed today, judicial supremacy, but constitutional supremacy - the supremacy of the document itself over misapplications of its dictates by any and all subordinate agencies created by it'". Paulsen notes that Marshall's wording appears to be paraphrasing from [[Federalist No. 78]], where [[Alexander Hamilton]] also wrote of the supremacy of the Constitution over all branches of government, including the judiciary.<ref>[http://tenthamendmentcenter.com/2015/03/08/the-myth-of-marbury-v-madison/ The Myth of Marbury v Madison]</ref> | + | Marshall correctly observes that popular sovereignty is the most fundamental of all principles, and that constitutional supremacy is a direct derivative of that sovereignty.<ref>[https://books.google.com/books?id=2Ly79RhdbgUC&pg=PA235 Human Rights, Constitutional Law and the Development of the English Legal System: Selected Essays]</ref> Marshall frequently expounded this viewpoint, including in his most well known ruling, [[Marbury v. Madison]]. According to Michael Stokes Paulsen, professor of law, the logic of ''Marbury'' implies "''not, as it is so widely assumed today, judicial supremacy, but constitutional supremacy - the supremacy of the document itself over misapplications of its dictates by any and all subordinate agencies created by it''". Paulsen notes that Marshall's wording appears to be paraphrasing from [[Federalist No. 78]], where [[Alexander Hamilton]] also wrote of the supremacy of the Constitution over all branches of government, including the judiciary.<ref>[http://tenthamendmentcenter.com/2015/03/08/the-myth-of-marbury-v-madison/ The Myth of Marbury v Madison]</ref> |
| | + | An important distinction to make regarding the supremacy of a Constitution involves the amendment process and a distinction between ordinary law and extraordinary law.<ref>[http://www.tilj.org/content/journal/37/num2/Vick329.pdf The Human Rights Act and the British Constitution], p. 4, "1 the possibility of distinguishing between constitutional and other laws; 2. the legislator's being bound by the constitutional law, which presupposes special procedures for amending constitutional law, ...; and 3. An institution with the authority in the event of conflict to check the constitutionality of governmental legal acts."</ref> Under other forms of supremacy, a Constitution is treated along the same lines as any other form of law without having its own distinction or prestige.<ref>In ''Marbury', Marshall raises the Constitution up above "ordinary law" to a status of "extraordinary".</ref> |