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expressly excludes the interference of any other tribunal - so that neither the Judges of the Supreme Court when exercising judicial power nor any other tribunal on earth can on any occasion or in any manner or any pretence [pretense] call in question the due exercise of the powers conferred by this constitutional provision or in other words can examine into or question the manner in which any Branch of the Government was organized - From the nature of the case as well as this express provision of the Constitution it must be so - otherwise interminable confusion would ensue - The House might refuse to recognize the Senate on the alleged ground that some of its members had not been duly elected or its presiding officer properly chosen - or that there was some defect or irregularity in its organization - The Senate might question the authority of the House on similar grounds - Our Supreme Courts & other Courts even our Justices of the Peace might well inquire into the Constitutionality of our acts & resolves for the same reason - that is to say not condemn the laws but the manner in which they were made

2 This act does not enumerate the titles or dates of the acts & resolves of the last Legislature or give the substance of the same & does not profess to reenact them - It is then notwithstanding its imposing title not properly an act but a legislative declaration that these acts & resolves are unconstitutional & that this Legislature has only to speak the word and they become healed or purged of this taint & are in future to be received & accredited by the people & our Courts of law as good & wholesome laws -

This we say is an attempt by the Legislature to exercise judicial power which is expressly forbidden by the Constitution - If it is competent for this Legislature to declare these acts & resolves unconstitutional & to proceed to heal them or make them valid it is equally competent for them to declare them unconstitutional & not proceed to heal them - Does this Legislature then rightfully possess the power to declare laws unconstitutional? If so we may dispense with our Supreme Court for all purposes of constitutional law. This doctrine it will be perceived goes directly to break down the wholesome barriers erected by our Constitution between the Legislative Executive and Judicial Departments & tends to a consolidation of all the powers of Government in the Legislative Department. It necessarily involves the doctrine of nullification with all its odious incidents. We have a written Constitution & we should regret if nullification or any kind of extra legislation should be permitted to sap -