Imagine that you are one of Chief Justice John Marshall's colleagues on the United States Supreme Court in 1803. In conference Marshall's explains how Marbury v. Madison should be decided. You disagree. "Perhaps section 13 of the 1789 Judiciary Act is not in accordance with the Constitution," you say, "but in any event I do not believe that this Court has the authority to invalidate an act of Congress. We've never done that." A week later, Marshall shows you his opinion of the Court in Marbury, and you decide to write a dissenting opinion. What do you say in response to what Marshall has written?
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