Eric writes:

Finally, Marbury exposes students to the special function and private
rights views of federal jurisdiction which come in handy during the
justiciability part of the course.

I remain totally unconvinced that one must (or even should) teach issues
like "justiciability" in an introductory course.  Why not leave them for a
course on federal jurisdiction.  And, as Dick Fallon points out in a
brilliant U.Cal. L.Rev. essay, the Marshallian argument that "we have to do
this because we have no control over our jurisdiction" doesn't survive the
move to almost entirely discretionary jurisdiction.  One has a choice, I
believe:  To teach a course on whether one can really take the enterprise
of constitutional interpretation seriously or a course on the institutional
role (and behavior) of the United States Supreme Court.  The latter is not
without value, but I think the former is far more important.

sandy

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