Page "Marbury v. Madison" Paragraph 44

Marbury can also be criticized on grounds that it was improper for the Court to consider any issues beyond jurisdiction.

After concluding that the Court lacked jurisdiction in the case, the further review regarding the substantive issues presented was arguably improper.

Also, it has been argued that Justice Marshall should have recused himself on the grounds that he was still acting Secretary of State at the time the commissions were to be delivered and it was his brother, James Marshall, who was charged with delivering a number of the commissions.