Editor says, what if Chief Justice John Marshall had been forced to recuse himself? muses Jeff Provine on the This Day in Alternate History web site. Please note that the opinions expressed in this post do not necessarily reflect the views of the author(s). This article is part of the Jeff Provine Blog thread.
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Editor says, in reality the arguments of the Marbury v. Madison case stuck closely to the law. Chief Justice Marshall established the practice of Judicial Review by agreeing that Marbury deserved his position but stating the court did not have the right to do so, deeming the Judiciary Act of 1789 to be unconstitutional. The precedent would establish a foundation for the nation and acts to this day as a key part of checks and balances. Editorial comments are entered in [light green] typeface.