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"It is emphatically the duty of the Judicial Department to say what the law is." - Marbury v. Madison.

Uhmmm...you might want to read the next sentence.

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.

You do understand the difference between a claim to have all power to say what the law is generally and the power to say what the law is in particular cases, don't you?

Well, Congress had passed a law (Judiciary Act of 1789) that Congress believed was consititutional (i.e., within the constitutional power of Congress to enact). Mr. Marbury relied upon that law and sought its enforcement. The Supreme Court disagreed with the Congress and believed that the law in question (Judiciary Act of 1789) was unconstitutional (i.e., not within the constitutional power of Congress to enact).

In order to decide the case, the Supreme Court had to decide whether it should defer to Congress's interpretation of the Constitution and find for Marbury or whether it should instead deem its own interpretation to be superior to the interpretation of Congress and enforce its own interpretation instead.

The Supreme Court decided that its interpretation of the Constitution should be supreme and take priority over the contrary interpretation of Congress. That is what Jefferson was complaining about. Jefferson believed that the Supreme Court should defer to Congress (an elected branch) as to the consitutionality of the Judiciary Act of 1789.

Keep in mind that Roe v. Wade was also just a "particular case."

I should add to my last post that every single time that the Supreme Court has declared a law unconstitutional (whether that law be an abortiion law, an anti-gun law, a death penalty law or any law), it has done so in the context of a "particular case."

In terms of the power of the Supreme Court to question the constitutionality of legislative acts, nothing has changed since Marbury was decided. Jefferson opposed Marshall's claim of such judicial power then and there are some who continue to oppose that claim today.