[Non-Sequitur]

I am at least as familiar with the case as you are and am well aware the the Judiciary act of 1789 was held to be unconstitutional in the opinion of the court!!

Just part of it. You should have read the entire Wiki article before responding.

It sure as heck isn't contained in the plain language of the Constitution!

Nor is the power to establish an air force or any denial of the power to expel a state. But I expect you'll continue to avoid that.

[Bigun]

Which Wiki article would that be?

I tend not to trust Wiki on much of anything.

[central_va]

It’s simple: the relevent phrase is “To raise and support Armies....” So the existence of a ground Army doesn’t preclude the raising and supporting of an ‘Air Army’, which is exactly what the French call their Air Force (l’Armée de l’Air).

[Bigun]

John Marshal and the court rightly concluded that they did not have jurisdiction in the Marbury case. Why didn't they stop right then and there?

Never mind! I 'll answer for you!

Because that would not have suited their federalist agenda!