Free Republic
Browse · Search
General/Chat
Topics · Post Article

To: Walts Ice Pick

Marbury didn’t change a single thing constitutionally. It’s only in modern times that the strange destructive doctrine of judicial supremacy has taken hold.

The courts can question the constitutionality of legislation until the cows come home, but it only matters if the legislative branch accedes to the judiciary’s claims, and much more importantly, if the EXECUTIVE BRANCH is willing to enforce their opinions.

After all, the latter is the only branch that is constitutionally empowered to enforce the laws.

Every officer of American governance, in every branch, at every level, has a sworn duty to correctly interpret and then act upon the supreme law of the land, the Constitution.

In Marbury, Marshall did not argue for judicial supremacy. He simply asserted the court’s authority, and duty, to follow the Constitution.

And John Marshall quite obviously understood that the other branches had the exact same duty to fulfill. He quite emphatically WAS NOT a judicial supremacist.


53 posted on 09/26/2010 10:52:04 AM PDT by EternalVigilance (Firearms are second only to the Constitution in importance; they are the peoples' liberty's teeth.)
[ Post Reply | Private Reply | To 52 | View Replies ]


To: EternalVigilance
Marshall also wrote that Marbury was entitled to the commission. He did not order Jefferson to deliver it because he knew Jefferson would ignore the order.

The Scotus is supreme among courts. It does not exercise supremacy over the other two branches and states.

60 posted on 09/26/2010 12:22:00 PM PDT by Jacquerie (The President should regard the Constitution and Declaration like an obsessed lover. Rep Mike Pence)
[ Post Reply | Private Reply | To 53 | View Replies ]

Free Republic
Browse · Search
General/Chat
Topics · Post Article


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