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To: Ed Current
For openers, Marbury v. Madison did not create the concept of judicial review, but (in this respect) applied well-established principles.

If I recall correctly, it was Hamilton, defending a loyalist in New York immediately after the Revolutionary War, who first argued that his client's guilt or innocence under the law which he was being charged was irrelevant because the law itself was unjust.

Hamilton won the case. 

And that was several years prior to the Constitution.

15 posted on 12/14/2004 4:04:53 PM PST by Psycho_Bunny (“I know a greag deal about the Middle East because I’ve been raising Arabian horses" Patrick Swazey)
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To: Psycho_Bunny

Don't confuse the zealous advocacy of an arguing lawyer with the passion of a partisan. Hamilton also said the Bank of the U.S. was just hunky-dory, and the federal government should pay all the states' debts. No strict constructionist, he.


23 posted on 12/14/2004 7:18:05 PM PST by LibertarianInExile (NO BLOOD FOR CHOCOLATE! Get the UN-ignoring, unilateralist Frogs out of Ivory Coast!)
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