If Marbury v. Madison authorized the Supreme Court to issue unconstitutional decrees and make them the Law of the Land, then YES IT IS TIME TO RE-LITIGATE IT.
Mark Levin has proposed a consitutional amendment to allow for Congress and the President to override an Opinion of the Supreme Court.
I personally do not see where that is necessary. Congress controls the jurisdiction of the Supreme Court and all lower courts. Congress already has that power. They have just never bothered to exercise it because traditionally the Supreme Court is seen as an independent non-political referee. However in the last few decades (since Griswold v. Conn and even before) the Supreme Court has become an activist political arm and no longer an independent referee. They have joined one of the teams.
So YES INDEED, it is time to revisit Marbury v. Madison. It is time to ensure that the Supreme Court returns to its original function.
Are you unwilling to join in that fight? Are you instead rooting for this clerk to bow to judicial tyrants simply because 9 robes tyrants told her to?
Are we no longer a FREE REPUBLIC?
FWIW, one thing Congress could do is to strip the Lower Courts of any jurisdiction to hear any appeals in regard to the constitutionality of State Laws and force the Supreme Court to hear every one of them or just pass.
My guess is that if the Supreme Court had had to hear and opine on 50 different individual cases on this issue, that they would never have reached the decision they did. They would also tire of being activist as their docket would be so full that they would not have time for anything else.
Right now they let the lower courts do their dirty work and then they deny appeals as a way to avoid having to do their job.
Good to know where you stand.
I think it better to change hearts and minds and not think that some re-arranging of power structures is going to somehow change the morals of society.
I think the constitution already makes scotus the court of original jurisdiction when it involves a state. Appellate courts should have no jurisdiction over a state.
Excellent post!