Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: I am Richard Brandon

The legal equivalent of MOAB would be a new judicial tribunal, established by Congress, to decide cases involving constitutionality of actions by the Executive or Legislative branches. There is no reason that any District Court judge in the US should have the power to decide that a law or executive action is unconstitutional, and stop its enforcement for years, at least. The Constitution did not grant this power to the Judiciary; they grabbed it in the earliest days of the Republic in the Marbury v. Madison case.


55 posted on 04/26/2017 1:28:17 AM PDT by Piranha (Power is not only what you have but what the enemy thinks you have - Saul Alinsky)
[ Post Reply | Private Reply | To 15 | View Replies ]


To: Piranha

Thanks for pointing out where this usurpation (”decide that a law or executive action is unconstitutional, and stop its enforcement”) started:

“...The Constitution did not grant this power to the Judiciary; they grabbed it in the earliest days of the Republic in the Marbury v. Madison case.”

Marbury vs Madison 1803.


59 posted on 04/26/2017 2:44:07 AM PDT by WildHighlander57 ((WildHighlander57, returning after lurking since 2000)
[ Post Reply | Private Reply | To 55 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson