Prof. McClanahan and I agree that both Martin and Cohens were wrongly decided; that’s not the same as saying the Supreme Court didn’t have jurisdiction to decide Cohens–with which McClanahan may or may not agree. Judicial review doesn’t equal judicial supremacy, as Jefferson explained in his September 6, 1819 letter to Chief Judge Spencer Roane of the Virginia Court of Appeals. No, I don’t think Marshall is saying the other two branches can ignore the Constitution, which is for the Supreme Court alone to interpret. Again, see Jefferson to Roane.
