d further than to have defined the judicial power . . . The plain import of the words seems to be, that in one class of cases its jurisdiction is original and not appellate; in the other it is appellate, and not original." He bases this ruling on Art. III 2, which enumerates the cases in which the Supreme Court shall have original jurisdiction. Marshall further maintains that the Constitution is the supreme law of the land. In this contention as well Marshall has constitutional basis in Art. VI, which states, "This constitution, and the Laws of the United States which shall be made in Pursuance thereof; ... shall be the supreme Law of the Land." In his typical style, Marshall follows this constitutionally based statement with one of the most controversial rulings, which has no constitutional basis. He asserts, "It is emphatically the province and duty of the judicial department to say what the law is." There is nothing in the Constitution that assigns the duty of review solely to the judicial department. Although his decision loosely construes and even stretches the meaning of the Constitution, Marshall's ruling on this case overall is not detrimental to the well-being of the American people. The Supreme Court is the only branch of government that could act to strengthen the national government during the early history of the Constitution. Clearly, Congress could not take on the states' rights advocates and the state legislatures. If an early Congress had passed a law which a state government objected to, the state legislature might have simply nullified the law, thus forcing the national government into a precarious situation. Congress would have to risk causing the state to leave the Union to force them to comply with the new law. Furthermore, the president also was not in a position to allow the federal government more leeway in interpreting their powers. He does not make any laws of his own and has no power to settle any questions ...
