OPINION AND JUDGMENT
MUSGRAVE, Senior Judge.
In Marbury v. Madison, Chief Justice Marshall stated that "[i]t is emphatically the province and duty of the judicial department to say what the law is", 5 U.S. (1 Cranch) 137, 177, 2 L.Ed. 60 (1803) (emphasis added), a position generally accepted by the bar and the judiciary for the past one hundred ninety-eight years. This proposition was significantly...
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