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To: Weird Tolkienish Figure
It was determined in Marbury vs. Madison wasn’t it?

That is a common myth, one of the most destructive there's ever been.

But you might want to go read Marshall's decision for yourself.

Never does he argue that the court is the only one that can decide constitutionality. He simply argues that the court must follow the constitution.

The mere suggestion that the court is the sole arbiter of constitutionality makes a mockery of the oath of office of every other officer of government, in every other branch.

If I had to name one thing that I think is doing more to destroy our free republic than any other thing, internal or external, I would name the judicial supremacist fallacy as the major culprit. And it's rampant throughout the political and legal elites today.

Seemingly, even most folks who call themselves conservatives have been sucked in by it.

61 posted on 02/04/2011 4:53:19 AM PST by EternalVigilance (Is a child a person? Of course. Which is why we MUST ban abortion NOW.)
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To: EternalVigilance

If the Supreme Court doesn’t have the power to declare a law uncontitutional and have it enforced, then who does? As much as I hate judicial activism, I much prefer the USSC decide Constitutionality than Congress. After all, why would they declare a law unconstitutional that they themselves passed.


64 posted on 02/04/2011 5:07:08 AM PST by Weird Tolkienish Figure
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To: EternalVigilance
The mere suggestion that the court is the sole arbiter of constitutionality makes a mockery of the oath of office of every other officer of government, in every other branch.

Hear here!

Well said and VERY true!

96 posted on 02/04/2011 6:21:04 AM PST by Bigun ("It is difficult to free fools from the chains they revere." Voltaire)
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