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To: Yashcheritsiy

I think Marbury is right, and if judicial review is not implied by the judicial power at least it can be rationalized on a supremacy basis. The thing is that case didn’t establish finality. For federal purposes, maybe. It doesn’t touch the propriety of state or jury nullification.


72 posted on 12/04/2012 8:38:19 AM PST by Tublecane
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To: Tublecane
It doesn’t touch the propriety of state or jury nullification.

That's an area I don't really know much about. I suspect (but I need to research) that some of this was covered in SCOTUS cases from the early 1800s, but again, I'd have to look it up.

I admit you've worn me down in that if the SC law raises new law on these issues, it may have some value.

76 posted on 12/04/2012 8:44:43 AM PST by Mr. Know It All
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