I’m an atty (retired) and argued many a Constitutional issue before SCOTUS and other appellate courts. Marbury v. Madison is, perhaps, the must fundamental case in American Jurisprudence. And, yes, MANY, including Jefferson, were apoplectic that the Court decided that it’s job was to determine the Constitutionality of laws passed by Congress. While judicial review had been around for centuries, this was the first time SCOTUS dealt with the concept.
But Marbury is SO well settled that it is without issue. Regardless of who wants to do what, SCOTUS will get the final say or you have a major Constitutional crisis. We almost had one with the Nixon tapes but Nixon relented.
Obama railing against SCOTUS is meaningless. It would have to be he (the Executive Branch) refusing to follow the ruling. That has just never happened and it won’t now.
Thank you so much for your input. I was starting to get worried. So you don’t think we could end up with a Constitutional crisis over this? I wouldn’t put anything past Obama.
Thank you so much for your input. I was starting to get worried. So you don’t think we could end up with a Constitutional crisis over this? I wouldn’t put anything past Obama.
Good summary and I agree that the precedent is clear beyond cavil that USSCt has final authority over constitutionality of acts of Congress, BUT Obama styles himself as a law professor (lie) and feels he is equally qualified to determine the constituionality of legislation. Today he said that Congrees agreed with him that it was Constitutional, and he said it was not up to a “group of unelected individuals” to say otherwise. He has already called out the court and scolded them to their face in the State of the Union address where they sat as guest stooges with a salavating media trying to read the expressions on their faces or their lips (Alito). He is a true gutter street punk, in your face, without class or pedegree. A constitutional crisis looming. He’s made recess appointments with no guts from Congress to stop or challenge him. Everyone is afraid of him. The Court may well say to hell with it and just let him have his way rather than risk incurring his wrath. Hope not. One thing backing ghe court through the years was free press. No more. The media herd is already saying if they strike down the law then they are guilty of judicial activism and legislating from the bench.