William Cushing and Alfred Moore did not take part in the ruling on this case, which found, in part, that the Supreme Court does not have the (*) original jurisdiction to issue writs of mandamus.
The opinion on this case asked whether it could be classified as an instance of damnum absque injuria, and the Chief Justice wrote that "the Government of the United States has been emphatically termed a government of laws, and not of men." William Cushing and Alfred Moore did not take part in the ruling on this case, which found, in part, that the Supreme Court does not have the (*) original jurisdiction to issue writs of mandamus. The namesake of this case had been appointed justice of the peace in the District of Columbia, as one of John Adams' "Midnight Judges." It declared a clause of the Judiciary Act of 1789 unconstitutional, making it the first piece of legislation to be overturned by the Supreme Court. FTP, name this 1803 Supreme Court case which established the concept of judicial review.
The opinion on this case asked whether it could be classified as an instance of damnum absque injuria, and the Chief Justice wrote that "the Government of the United States has been emphatically termed a government of laws, and not of men."
{Marbury} v. {Madison} [accept in either order]