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exodus - I believe this to to be one of the earliest acts of "legislation from the bench."
Marianne - I agree with you; however, the precedent was set and we have been saddled with the results of this decision ever since.
I'm glad you agree; I believe that Marshall's usurpation of power in Marbury v. Madison set the stage for most other judicial problems we face today.
I do not accept precedence as a valid consideration of law, but that's another issue. :)