Note 791 — Chapter X · JUDICIAL REVIEW
Reading edition
Id., at 637. This identical element is present in Justice Clark’s concurring opinion, and perhaps it is more clearly stated. Id., 660-61. Corwin says: “Only Justice Clark, however, guided by Marshall’s opinion in the early case of Little v. Barreme, had the courage to draw the appropriate conclusion: Congress having entered the field, its ascertainable intention supplied the law of the case.” Op. cit., at 65.