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8

Marshalls Logic:
(fundamental law) 1. Original right to establish govt in people.
(Right of revolution) 2. Exercise ought not to be frequently repeated.
(fundamental law) 3. Principles are deemed fundamental.
(sovereign people, 4 As authority creating is supreme and can
right of revolution) seldom act constitutional provisions are
designed to be permanent.
5. Supreme will assigns powers to different
departments their respective powers.
6. Supreme will establishes certain limitations not
to be transcended by departments.
7. Powers of legislatures are defined and
limited.
8. Constitution is either supreme power or is on
level with legislative acts.
9. Constitution [contemplated] by formers as
paramount law of land.
10. The court must say what the law is;
must determine whether constitution or law
governs case.
11. If constitution is supreme law acts of
legislatures contrary to it must be void.

Criticizms: The function of determining
meaning must be somewhere but it does not
follow that this function must be
exercised by the courts. The doctrine