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It is emphatically the province and duty of the judicial department to say what the law is. Those who
apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict
with each other, the courts must decide on the operation of each. So if a law be in opposition to the
Constitution; if both the law and the constitution apply to a particular case, so that the court must either
decide that case conformably to the law, disregarding the Constitution; or conformably to the
Constitution, disregarding the law; the court must determine which of these conflicting rules governs
the case. This is of the very essence of judicial duty. If, then, the 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… From these, and many other selections
which might be made, it is apparent that the framers of the Constitution contemplated that instrument
as a rule for the government of courts, as well as of the legislature. Why otherwise does [the
Constitution] direct the judges to take an oath to support it? … It is also not entirely unworthy of
observation that, in declaring what shall be the supreme law of the land, the Constitution itself is first
mentioned; and not the laws of the United States generally, but those only which shall he made in
pursuance of the Constitution, have that rank. Thus, the particular phraseology of the Constitution of
the United States confirms and strengthens the principle, supposed to be essential to all written
constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other
departments, are bound by that instrument. The rule must be Discharged.

Questions:
1. Describe the historical context surrounding these documents
2. Identify and explain the relationship between the events and/or ideas found in these documents