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To: Lurking Libertarian

Correct, I got that point wrong. But the principle still stands, and thus Marbury had no standing.


8 posted on 01/18/2013 4:23:54 PM PST by yefragetuwrabrumuy (Best WoT news at rantburg.com)
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To: yefragetuwrabrumuy
Marbury v. Madison is a case about the jurisdiction of the Supreme Court, and whether or not Congress can expand the jurisdiction of the Supreme Court beyond the grant of jurisdiction granted by the US Constitution, without amending the constitution.

So, in a sense it is about standing, but I think it's better seen as a case about choice of venue. You can't have a murder case tried before a probate court - not that the state has no venue to try a murder case, just that a murder case is properly brought before a different court.

"Standing" is about the suitability of the plaintiff, not about the suitability of the court.

51 posted on 01/20/2013 5:07:34 AM PST by Cboldt
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