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Examples
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To say (as I did) that Marbury is right (in its argument for judicial review; it is wrong about much else, I think) * because it is right* and not merely because it is "Marbury" -- i.e., that it is regarded as right because it is a precedent -- is not a "because I say so" argument.
Balkinization 2007
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I think Marbury is right and judicial review is a given.
The Volokh Conspiracy » Blatant Unconstitutionality Started Early 2010
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Marbury is not about the power of the Court to make law, it is about a jurisdictional limit on the Court and conflict of law as between the constitution and legislation.
The Volokh Conspiracy » The Second and Sixth Amendments 2010
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I think it telling that in Marbury the Court tested this power on a law that it was charged with enforcing, ensuring that its decision could not be ignored.
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Quite true, actually, and has been ever since Marshall handed down the decision in Marbury v. Madison in 1803.
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For the curious, can you find any dicta in Marbury v. Madison?
The Volokh Conspiracy » Diane Wood on the Second Amendment 2010
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I think Marbury is right and judicial review is a given.
The Volokh Conspiracy » Blatant Unconstitutionality Started Early 2010
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For the curious, can you find any dicta in Marbury v. Madison?
The Volokh Conspiracy » Diane Wood on the Second Amendment 2010
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Marbury is a cousin of Wolves G Sebastian Telfair. ...
USATODAY.com 2008
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Thomas stressed it was his disappointment in Marbury's defense and leadership that led to the demotion, but Marbury has shown his offense is rounding into shape.
USATODAY.com 2007
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