Marbury v. Madison gave the Supreme Court power to overrule Congress, which has lasted over two centuries. But ironically, the Court was powerless in resolving the problem at hand.
Patent rights can be reviewed in executive branch courts.
Foreign corporations can’t be sued under the Alien Tort Statute.
The Supreme Court ruled Congress can use its jurisdiction power to affect live cases. It does not violate the Constitution for encroaching on the judicial power.
Congress used its power to establish jurisdiction in a unique way: instead of establishing jurisdiction generally, it aimed to end a particular case. Did Congress encroach on the judicial power?
Concept explainer: What is a decision “on the merits”?
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