[GrandEagle]

Well my FRiend. Looks like we will never agree on this. To me, you approach is how we ended up with the ruling oligarchy that the current court thinks it is. It is a system where the court makes up the rules as it goes. I'll stick with the Constitution. If what the Constitution says (there is no wiggle room on this one) doesn't have any meaning, then our Republic is truly gone.

It has been an interesting debate, thanks for the court reference that I was unaware of.

Cordially,
GE

[Vicomte13]

I too, have enjoyed the discussion.

As to the original intent of the Founders being, specifically, that the judiciary should strike down unconstitutional acts of Congress (Marbury v. Madison), I refer you to The Federalist No. 78, which describes this in painstaking, clear, and for those who say the Founders didn't intend the Supreme Court to have judicial review power, alarming detail.

Hamilton, Madison and Jay certainly thought, in 1788, that were the Constitution ratified, the Supreme Court created under it would have the power that John Marshall said it did in 1802,and to which Jefferson acquiesced.