Representative JOSEPH P. MONAGHAN, of Montana
I hope I may be afforded sufficient time to give the Congress the advantage of the research I have done on this very vital question: Whether or not 9 men in these United States shall be permitted to negative the voice of the people, the Congress of the United States. Were I to propose today that 9 men in this Congress, or selected from both the Senate and the House, be given the power to nullify an act of this Congress, signed by the Speaker, the Vice President, and the President of the United States, I would be considered and regarded, and rightly so, as mad. Yet the Congress of the United States, back in the time of John Marshall, silently acquiesced to just such a proposal when John Marshall, in the case of Madison v. Marbury (1 Cr. 137), decided that an act of the Congress, under the authority of the Constitution, providing that the Supreme Court should have the power to issue a writ of mandamus, was unconstitutional, that the Congress had no such power.
Before pursuing this matter further by a citation from Elliott's Debates on the Federal Constitution, quoting John Marshall's language, I shall read to you the provisions of the Constitution on this point.____________________