In Marbury
v. Madison, 5 U.S. 137, 178-80 (1803), Chief Justice John Marshall referred
to the statute prescribing this oath to support his historic holding in favor
of "judicial review" -- his holding, that is, that courts in the United States
are duty-bound to make independent judgments of the consistency with the Constitution
of any statute or other law that would otherwise be decisive of some point in
dispute between the parties to the cases before them. Marshall wrote: "The oath
of office . . . imposed [by Congress] is completely demonstrative of the legislative
opinion on this subject. . . . Why does a judge swear to discharge his duties
agreeably to the constitution of the United States, if that constitution forms
no rule for his government? . . ."