[ProgressingAmerica]

Just asking a couple of simple questions....... that's not good news for the progressives.

[ProgressingAmerica]

Ping.............

[ClearCase_guy]

I think that a lot of what was taught in America over the past 100+ years is just false.

I was taught (in many classes) that the French Revolution was a great thing and, although different, was every bit as glorious and wonderful as the American Revolution.
But it wasn't. It was a bloody socialist massacre which led to a military dictatorship.

I was taught (in many classes) that Marbury v Madison was a great court case which instantly transformed this nation's understanding of what the Supreme Court would be.
But it didn't do that. That's a later interpretation. It's a way of using the SCOTUS in the 20th century in a new way, while simply pretending that "we've always done it this way".

We've all been sold a bill of goods, on many topics. The country we are living in today is NOT the country the Founders meant for us to have.

[NobleFree]

Now, progressives tell us today that Marbury is so important, it's such a pinnacle, it granted all of these wondrous powers

Exactly what powers do progressives say Marbury granted?

[zeestephen]

Does anyone know if Marbury was cited in the recent Ninth Circuit decision to throw out the Executive Order by Attorney General Jeff Sessions that claims Obama’s DACA is unconstitutional?

As I recall, the exact words “abuse of discretion” were used in the opinion.

Slightly of Topic...

I still don't understand why no immigration hawks - except me - have criticized Donald Trump for his political and legal sleight of hand on the DACA issue.

In 2015, in his first campaign speech, Trump promised to “end DACA immediately.”

More than two years later, we discovered that Trump's "plan" to end DACA was to have A.G. Jeff Sessions declare DACA unconstitutional.

Obviously, no federal court in America is going to allow the A.G. to declare anything unconstitutional, since that clearly falls under the power of the judiciary.

What is completely amazing to me about the DACA issue is that no one - except me - ever points out that Trump could “end” DACA with a two sentence Executive Order:

“The Immigration Act of 1965 states that the DACA recipients are unlawfully present in the USA. Consequently, I order the Secretary of Homeland Security to remove them.”

No federal court in America could even review that Executive Order.

Unfortunately, it has become obvious to everyone that Trump is never going to write such an E.O.

Final Point...

Many readers at Free Republic seem to think that DACA will “expire” in March 2018.

That is completely wrong.

Except for a couple changes ordered by the Ninth Circuit judge, Obama’s DACA is still the law of the land.

[Mason]

Get your hands on a copy of “The Commerce Clause” by Felix Frankfurter, circa 1937 or so. He details a turn of the century speech by a Harvard dean of the law school or some such putting forth the liberal interpretation of Marbury.