Article 3, Section 2, Clause 1

Document 29

James Madison, Observations on Jefferson's Draft of a Constitution for Virginia

In the State Constitutions & indeed in the Fedl. one also, no provision is made for the case of a disagreement in expounding them; and as the Courts are generally the last in making their decision, its results to them, by refusing or not refusing to execute a law, to stamp it with its final character. This makes the Judiciary Dept paramount in fact to the Legislature, which was never intended, and can never be proper.

The Founders' Constitution
Volume 4, Article 3, Section 2, Clause 1, Document 29
http://press-pubs.uchicago.edu/founders/documents/a3_2_1s29.html
The University of Chicago Press

The Papers of James Madison. Edited by William T. Hutchinson et al. Chicago and London: University of Chicago Press, 1962--77 (vols. 1--10); Charlottesville: University Press of Virginia, 1977--(vols. 11--).

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