Yates obviously had a very potent crystal ball.
Either that, or he had a good eye for loopholes within the law.
I wonder about this, as, as heretical as it seems to most all lawyers and judges (since it is foundational to their power and importance...), I'm still not convinced as to the full constitutionality of Marbury v. Madison. It seems to me that Marbury was the first major incidence of judicial activism which today of course in certain incidences has become full blown judicial tyranny (see Roe v. Wade).
I can't say I have any solution, except that there needs to be one:
5 senior citizens should not be deciding the most controversial issues of the day based on the fictional quicksand of a "living Constitution" as that is simply not in any way democratic...or fit for a great Republic.