Article: Marbury's wrongness.(evaluation of Marbury v. Madison's case)

Is it possible that everything in Marbury v. Madison--except for the theorem of judicial review--is wrong? Surely, in the colorful, confident words of Chief Justice Marshall in Marbury, such a proposition "is too extravagant to be maintained." (1) Such an assertion about the foundational case of American constitutional law would be "an absurdity too gross to be insisted on." (2)

But I insist: Just about everything in Marbury is wrong, including the holding. (3)

First, a thumbnail sketch of what the case holds and what the case asserts (in dictum): On application of William Marbury, the Supreme Court, acting (apparently) in original jurisdiction, issued ...

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