Yet as late as 1800 we find Justice Samuel Chase of Maryland, who had succeeded Blair in 1795, expressing skepticism as to the right of the Court to disallow acts of Congress on the ground of their unconstitutionality, though at the same time admitting that the prevailing opinion among bench and bar supported the claim.
"John Marshall and the Constitution A Chronicle of the Supreme Court, Volume 16 In The Chronicles Of America Series"
Edward S. Corwin
The relation between the means and the end, between the nature of a means employed toward the execution of the power and the object of that power, must be the criterion of unconstitutionality; not the more or less of necessity or utility.
"Monopolies and the People"
D. C. Cloud
S. Teacle Wallis, from a committee to whom was referred the memorial of the police commissioners arrested in Baltimore, made a report upon the unconstitutionality of the act, and "appealed in the most earnest manner to the whole people of the country, of all parties, sections, and opinions, to take warnings by the usurpations mentioned, and come to the rescue of the free institutions of the country."
"The Rise and Fall of the Confederate Government, Vol. 1 (of 2)"
Jefferson Davis