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To: Mr. Know It All
Article III, Section 2:

The judicial power [of the Supreme Court] shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States,...

Yeah, the Constitution. If you think something is unconstitutional, you petition the Supreme Court. If you lose, you are wrong. Those are the rules in the Constitution.

Except that this isn't what the part of Art III, Sec. 2 you quoted actually says. It's saying that the SCOTUS has jurisdiction over all cases arising in the United States. Not that the word of the SCOTUS is final in determining constitutionality of a law. That doctrine only came into place with the (wrongly decided) Marbury v. Madison (1803) case. In which the SCOTUS gave to itself, without constitutional mandate, the right to determine constitutionality with finality. Circular reasoning which is best done away with.

57 posted on 12/04/2012 7:58:27 AM PST by Yashcheritsiy (It's time to Repeal and Replace the Republican Party)
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To: Yashcheritsiy

I think Marbury is right, and if judicial review is not implied by the judicial power at least it can be rationalized on a supremacy basis. The thing is that case didn’t establish finality. For federal purposes, maybe. It doesn’t touch the propriety of state or jury nullification.


72 posted on 12/04/2012 8:38:19 AM PST by Tublecane
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