18

Jefferson re Marbury v Madison 9 Va. Law Reg
689

Delivery is one of the essentials of validity of
deed (here appointment). The capital and leading
object of the constitution was to leave with the
states all authorities which respected their
own citizens only and to transfer to the US
those which respected citizens of foreign and
other states. The constitution should be inter—
preted in view of intention of makers not by
playing on words in the instrument.
The ultimate arbiter is not the courts or
the legislature but the people. Questions of
judicial review should be decided by amendment.