The Marshall Court: Martin v. Hunter's Lessee

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    Dr. Gutzman,

    What were the arguments made by the Virginia court denying the U.S. Supreme Court’s jurisdiction in Martin v. Hunter’s Lessee? (Is there an online source for the opinions in this case?) Did the Virginia court mean to imply that states could have varying interpretations of the constitutionality of federal laws within their respective territories?

    You stated that the Virginia court continued to refuse to comply with the USSC’s order to turn over court documents for the appeal of the case. What was the ultimate resolution to this? Were there further consequences or ramifications? Did the state of Virginia comply with the USSC’s appellate decision?

    Thank you for your time and consideration.


    No, Virginia did not ever turn over the paperwork the SCUS had demanded.

    The Virginians’ argument was that although the US Constitution required Virginia judges to swear to uphold the Constitution, that requirement did not entail their subordination to the federal courts. So far as they saw it, the two court systems were parallel.

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