| | 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 aspect 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> | + | An important aspect 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 importance or prestige.<ref>In ''Marbury', Marshall raises the Constitution up above "ordinary law" to a status of "extraordinary".</ref> |