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The Marshall Court (1801–35)

Decisions

What exactly did the Virginia Supreme Court say about what it perceived to be the U.S. Supreme Court’s lack of jurisdiction?

The Virginia Supreme Court wrote: “The court is unanimously of opinion that the appellate power of the supreme court of the United States does not extend to this court under a sound construction of the constitution of the United States; that so much of the 25th section of the act of congress, to establish the judicial courts of the United States, as extends the appellate jurisdiction of the supreme court to this court, is not in pursuance of the constitution of the United States. That the writ of error in this cause was improvidently allowed under the authority of that act; that the proceedings thereon in the supreme court were coram non judice [not in the presence of a judge] in relation to this court, and that obedience to its mandate be declined by the court.”



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