[Wuli]

I wish the article had offered whatever were Marshall’s arguments for why, in his opinion, “section 13 of the Judiciary Act of 1789 had empowered the Court to issue writs of mandamus in such cases, but that this was in violation of the Constitution”.

From THAT Marshall’s SCOTUS found it lacked the authority to force Jeffereson to issue the commissions, but what was THAT Constitutional argument of Marshall’s regarding section 13 of the Judiciary Act of 1789?????

Anyone?

[Pontiac]

In one stroke, Marshall embarrassed Jefferson, protected his own position, and claimed for the first time the power to review acts of Congress as unconstitutional. Jefferson would come to deeply regret this extra-constitutional elevation of the judiciary.

The hallowed principle of judicial review: Founded on a purely political act and introduced as a clever gambit, with sacrificial lambs along the way. How much worse are things today?

Only because Congress has lacked the spine to establish the limits to the USSC;s power.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

Congress has the power to limit the jurisdiction of the courts.