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To: tpaine
Marbury established the doctrine of Judicial Review--which was foreign to the Constitution.

That establishment led to the JudRev of ALL laws (through the 14th) passed by States, in seeming violation of the 9th Amendment.

Marbury has been castigated as a horrendous mistake by a number of informed lawyers of the conservative (not Libertarian) stripe.
421 posted on 07/07/2003 6:22:05 PM PDT by ninenot (Joe McCarthy was RIGHT, but Drank Too Much)
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To: ninenot
And, - you're dead wrong on the Marbury decision, -- the last sentence of which says that laws repugnant to our constitution are void.
This hardly establishes that the "US Constitution means whatever the currently sitting court thinks it means."
417 -tpaine-

Marbury established the doctrine of Judicial Review--which was foreign to the Constitution.

Nope. The USSC is so authorized by Art III. - As you well know.

That establishment led to the JudRev of ALL laws (through the 14th) passed by States, in seeming violation of the 9th Amendment.

'Seemingly', only to those, like you, who prefer 'states rights' to our constitutions rule of law.

Marbury has been castigated as a horrendous mistake by a number of informed lawyers of the conservative (not Libertarian) stripe.

Yep, we shoulda killed em all, back in Will's day. But here we are, stuck with them. - The solution?
- Insist that they follow the simple principles of our free republic.
-- Not the single issue politics so many here advocate..

436 posted on 07/07/2003 7:10:02 PM PDT by tpaine (Really, I'm trying to be a 'decent human being', but me flesh is weak)
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