Mandamus could constitutionally issue to secretary of state

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Justice Brandeis asserted that it is inappropriate for a court "to decide questions of a constitutional nature unless absolutely necessary to a decision of the case". In Marbury, was it "absolutely necessary" to determine at what point in the appointment process a right to office vests as a matter of constitutional law? Was it "absolutely necessary" to determine whether a writ of mandamus could constitutionally issue to the Secretary of State?

Reference no: EM133514109

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