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Article: Not the King's Bench.(United States Supreme Court being the highest court of original jurisdiction but having no power to issue prerogative writs)
- Article from:
- Constitutional Commentary
- Article date:
- June 22, 2003
- Author:
CopyrightCOPYRIGHT 2003 Constitutional Commentary, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Speaking at a public birthday party for an icon, even if the honoree is one or two hundred years old, can be a surprisingly tricky business. Short of turning the party into a roast, it seems rude to criticize the birthday boy too harshly. On the other hand, it is at least as important to avoid unwarranted and exaggerated praise. (1) The difficult task, then, is to try to say something remotely new or interesting while navigating that strait.
The conference organizers did make it easier for me in one respect: My assignment does not involve those ideas for which Marbury is invoked as an icon. It is for others to wrestle in well-worn trenches with exalted arguments ...