Great discussion. Some of the cases were discussed and distinguished in Boumediene. All in all, it’s not entirely clear to me one way or the other as to what the intent of the founders was, but I do believe that we need a supreme court that can render acts of congress invalid if they violate the constitution, or effectively we have no constitutional rights.
It’s funny how you can just take things for granted. I thought all this was clearly spelled out, but it’s not. It would be fun to sit in on a law school class on Marbury v. Madison and hear what they had to say.
Thanks for the article.