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

To: Brilliant
“John Marshall has made his decision; now let him enforce it.”
-Andrew Jackson

The fact of the matter is that the Founding Fathers intentionally created the judiciary with less power than the executive or legislative branches. There is no provision in the Constitution for the courts to determine what is and isn't constitutional, the courts seized this power with Marbury v. Madison. Over the past two centuries, they have become more brazen with their power grabs, and with the exception of Andrew Jackson, nobody has ever stood up to them.

We recently had a situation during the Schiavo matter (and how any of us feel about that controversy is irrelevant here) where a judge openly ignored a Congressional subpoena, and Congress did nothing. In my opinion, there have been many instances where Congress and/or the President should have chosen to ignore a court ruling they felt was unlawful, yet they never do. Until the other branches of government decide to reassert their authority, the judiciary will continue it's tyranny.

18 posted on 08/09/2005 6:36:24 PM PDT by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
[ Post Reply | Private Reply | To 3 | View Replies ]


To: wagglebee

I have kind of a different view about Marbury. I think it was good law when it was written.

You've got to have a way to decide constitutional issues, and it makes sense to put that power in the least powerful branch of government. Unfortunately, the problem is that Marbury has been abused. It's the responsibility of the President and Congress to put the judiciary back in its intended roll. But that is happening very slowly, and I believe that it may be too late already to fix the damage that they've inflicted on this Nation.

The problem is that the President and the Congress are complicit with this abuse.


21 posted on 08/09/2005 6:43:13 PM PDT by Brilliant
[ Post Reply | Private Reply | To 18 | 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