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22 Jan 2024, 4:30 am by Michael C. Dorf
Both sets of arguments rely on a formalistic conception of separation of powers.Overrule Chevron, conservative Justices and advocates say, because Article III gives "the judicial power" to courts; judicial power is, as Chief Justice Marshall said for the Court in Marbury v. [read post]
1 Nov 2016, 3:34 pm by Jamie Baker
(Oct. 15, 2016, 12:03 AM), http://lubbockonline.com/editorials/2016-10-15/its-debatable-marbury-v-madison-mistake? [read post]
27 Jun 2019, 8:30 am by Michael Herz
For Gorsuch, Auer violates a basic principle found in the Administrative Procedure Act, the Constitution, and Marbury v. [read post]
26 May 2016, 5:15 am by SHG
This is a peculiar vision, but Marbury v. [read post]
22 Sep 2010, 6:23 pm by David Bernstein
I think that judicial review is implicit in the Constitution, for the reasons stated by Chief Justice Marshall in Marbury v. [read post]