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Marbury's wrongness.(evaluation of Marbury v. Madison's case)
Constitutional Commentary
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June 22, 2003|
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COPYRIGHT 2003 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.
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Is it possible that everything in Marbury v. Madison--except for the theorem of judicial review--is wrong? Surely, in the colorful, confident words of Chief Justice Marshall in Marbury, such a proposition "is too extravagant to be maintained." (1) Such an assertion about the foundational case of American constitutional law would be "an absurdity too gross to be insisted on." (2)
But I insist: Just about everything in Marbury is wrong, including the holding. (3)
First, a thumbnail sketch of what the case holds and what the case asserts (in dictum): On ...
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