[wagglebee]

Nonetheless, over two centuries, the widespread assumption that Marbury vs. Madison was all-encompassing has grown and has led to the fulfillment of Thomas Jefferson's prophecy, in an 1804 letter to Abigail Adams, that the decision would ultimately lead to a form of despotism.

I would love to see the Supreme Court make a ruling that overturns Marbury vs. Madison; I know it will never happen but it would be wonderful if the courts could at least acknowledge that they are a co-equal, rather than superior branch of government.

[supercat]

I would love to see the Supreme Court make a ruling that overturns Marbury vs. Madison; I know it will never happen but it would be wonderful if the courts could at least acknowledge that they are a co-equal, rather than superior branch of government.

Of course, what's ironic is that the court might never have had the authority it exercised in deciding Marbury v. Madison, except that the nature of the decision was such that neither party could object.

Basically, IIRC, the court ruled that the petitioner should have prevailed if intervening factors hadn't rendered the case moot; because the case was moot, however, the respondant prevailed. The petitioner couldn't complain about the decision because the matter was, in fact, moot; the respondant couldn't complain about the decision because he won.

Thus the Supreme Court took advantage of a case where it could claim authority and set precedent with zero challenge.

[Congressman Billybob]

It is not necessary to overturn Marbury v. Madison to solve this problem. Nor is it appropriate, since the principle of Marbury was well established before the Constitution was written in 1787.

The problem is judges (and Justices) who use the power of judicial review, not to obey and enforce the Constitution but to reject and rewrite it. THAT is the problem, not the principle of Marbury. See below.

Congressman Billybob

Latest column, "A Triple Black Dog Double Dare to Infinity."

[Graymatter]

If we don't fix these problems now, this country is headed for a Reformation. And you never know how those things will turn out.