Yes, the Founders really did not think about the possibility that the S.Ct. might throw out a law as unconstitutional. Marbury v. Madison established that point, and also established the point that it’s the S.Ct. that has the final say on issues of Constitutionality.
I would not say though that it seems clear. The Constitution itself does not say that, and a whole lot of mischief has been done with that principle over the years. Since it’s a well-established part of US law, though, there is no one who can legitimately claim that the S.Ct. does not have the power to declare it unConstitutional. And I don’t think that Obama is challenging it on those grounds.
Yet there is a problem with Marbury v. Madison, and that is that it depends upon the willingness of the President and the Congress to accede to the Court’s ruling. If both of them refused to go along, it would probably cause a Constitutional crisis.
Well, we all know obama will do whatever it is he wants to do and to heck with the constitution and everyone else, cause it’s just all about him.
Well, we all know obama will do whatever it is he wants to do and to heck with the constitution and everyone else, cause it’s just all about him.