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

To: justshutupandtakeit
"the ultimate word"

You are out of time, I mean that view your are holding had its fifty-or-so-year run. A bad run, at that, some good needed gold and diamonds in the van but mostly a truck full of slask. (To use a swedish word.) It wasn't held prior and it shan't be held anymore. The Supreme Court has made too much a fool of itself to maintain that concept of final absolute authority. (A concept founded in sloth and hubris, both.) Read this:

... the famous Supreme Court decision Marbury v. Madison had in the past been interpreted as an absolutist claim that the Supreme Court is the final arbitrator of the Constitution. Modern scholarship recognizes that the famous decision merely argues that the Supreme Court’s duty to interpret the Constitution was the same as that of the Congress and the President. Far from demanding judicial supremacy, Chief Justice Marshall had asserted for the judiciary the same interpretative role of the popular will that the legislative and executive branches perform.

(Source: Cornell Review, "Balance of Law Upset", http://www.cornellreview.org/viewart.cgi?num=265)

And not just "modern scholarship", but such was the case prior to the wool of sloth being pulled over the nation's legal eyes, back before the twenties.
1,908 posted on 12/13/2003 8:31:46 AM PST by bvw
[ Post Reply | Private Reply | To 1901 | View Replies ]


To: bvw
Laws are not challenged by taking them to Congress or to the President. Laws are challenged by taking them to the SUPREME COURT OF THE UNITED STATES. THAT is the final arbiter according to the US Constitution. You think it works some other way?
1,922 posted on 12/16/2003 1:18:51 PM PST by justshutupandtakeit (America's Enemies foreign and domestic agree: Bush must be destroyed.)
[ Post Reply | Private Reply | To 1908 | 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