[BenLurkin]

Marbury v. Madison is a terrible decision.

It marks the beginning of the courts exceeding their role authority in the system of check and balances.

[ProgressingAmerica]

But does it really?

The progressives have told us all for so long that Marbury has the courts exceeding their authority, but I am not sure it does. I think the progressives are lying about this.

Probably the biggest issue of Marbury is the issue of writs of Mandamus. Now I may structure this next sentence a bit wrong, but Marshall’s contention is that Congress tried to amend the constitution(Art. III) with the 1789 judiciary act.

If congress acted unconstitutionally, then Marshall did the right thing, and the progressives have been blowing smoke our direction for a century and getting away with it.

[Cboldt]

Methinks you do not understand the case. In Marbury, the court found it was powerless to hear the dispute, because the constitution was superior over a congressional act.

What is the rationale you would prefer the court to have taken?