[identity profile] nsingman.livejournal.com 2004-03-01 08:24 am (UTC)(link)
It was a significant power grab by John Marshall, but it didn't invalidate Article III, Section 2. There is a possibility that the Supremes could issue a ruling that flies directly in the face of that passage (there are certainly precedents for that!). However, it's worth remembering that Supreme Court justices can be impeached, too, and quite a few should have been (particularly those who've twisted the interstate commerce clause beyond recognition). :-)