Dave, is this the only decision you can cite? You keep mentioning this
opinion, but no other ones.

--
"j" ganz @@
www.sailnow.com

"Dave" wrote in message
...
On Sun, 28 Nov 2004 21:20:27 -0600, "Michael"
said:

AS DID the curious
notion that a Supreme Court ruling is the final say so.

Far from a "curious notion," Marshall's opinion in Marbury v. Madison is
little more than a rewrite of a portion of one of Hamilton's Federalist
papers. The problem is not in the principle of the case--that if there is
a
conflict between a statute and the Constitution the Constitution prevails.
It's in the application of that principle that allowed the Court to find
in
the Constitution whatever the majority of the nine wise men thought was a
good idea, and to "discover" rights hidden but never articulated in the
"penumbra" of the text.

Dave