To: Beagle8U
Marbury v. Madison
The decision that set up Judicial Tyranny.
To: gibsonguy
Any highlights without reading the whole thing?
15 posted on
06/17/2019 10:14:45 AM PDT by
Beagle8U
(It's not whether you win or lose, it's how you place the blame.)
To: gibsonguy
Marbury v. Madison
The decision that set up Judicial Tyranny.
Actually, I disagree. The essence of Marbury v. Madison is the Supreme Court telling Congress something it could not do because it was in conflict with the Constitution. That is exactly appropriate for the Supreme Court.
Judicial Tyranny results from other decisions where the Court dictated what someone (or some organization) must do.
If the Supreme Court continued in the logic of Marbury v. Madison, 90% of current federal law would be thrown out. This consists primarily of regulations and judicial fiat.
The Constitution says that Congress "shall have the sole power to make laws." Any judicial decision that asserts a positive right/duty/penalty is judge-made law and unConstitutional on the face of it. Only in restricting the authority of Congress to pass unConstitutional laws does the Supreme Court have authority.
28 posted on
06/17/2019 10:38:08 AM PDT by
Phlyer
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