Marbury v. Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court’s opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.
You are right, Fred, and that perhaps is one of the main sources of the difficulties we have been facing with the courts.
When courts write law, we ought to be very suspicious and wary. Yet, judges feel emboldened to write law; and much of the political/ media/ oligarchical culture has come to expect it.
Well there you have it, Fred. Marshall’s opinion rules us. Not the Constitution, which the Supreme Court has largely ruled unconstitutional. So much so that law schools for many years now haven’t taught the Constitution but rather “precedent.”
And J. Sobran, in spite of having had numerous Republican nominees on the Supreme Court for decades, this problem still has not been addressed.
Hear! Hear! Sage words that need to be spread far and wide. Judicial opinion is not law. It is not the Constitution!
And yet, one of 700 or so Federal judges can issue an order to the Executive Branch requiring staff to rearrange the chairs in a specific room in the White House in a manner approved by the judge. (Press Room)
I would hope that particular decision– which is absolutely ridiculous– gets shot down, JayCee. But it definitely illustrates the problem.
The Declaration is senior law to the Constitution. The Declaration is the legal basis for ratifying the Constitution. The Declaration is the legal basis for participating in the Revolutionary War. The Declaration is the legal basis for forming all representative governing organization and giving them delegated powers and removing any government that strays.
These words are law “that all men are created equal”
Thanks, Jim. Some of these judges definitely need to be removed.
Marbury v. Madison, legal case in which, on February 24, 1803, the U.S. Supreme Court first declared an act of Congress unconstitutional, thus establishing the doctrine of judicial review. The court’s opinion, written by Chief Justice John Marshall, is considered one of the foundations of U.S. constitutional law.
You are right, Fred, and that perhaps is one of the main sources of the difficulties we have been facing with the courts.
When courts write law, we ought to be very suspicious and wary. Yet, judges feel emboldened to write law; and much of the political/ media/ oligarchical culture has come to expect it.
Well there you have it, Fred. Marshall’s opinion rules us. Not the Constitution, which the Supreme Court has largely ruled unconstitutional. So much so that law schools for many years now haven’t taught the Constitution but rather “precedent.”
And J. Sobran, in spite of having had numerous Republican nominees on the Supreme Court for decades, this problem still has not been addressed.
Hear! Hear! Sage words that need to be spread far and wide. Judicial opinion is not law. It is not the Constitution!
And yet, one of 700 or so Federal judges can issue an order to the Executive Branch requiring staff to rearrange the chairs in a specific room in the White House in a manner approved by the judge. (Press Room)
I would hope that particular decision– which is absolutely ridiculous– gets shot down, JayCee. But it definitely illustrates the problem.
The Declaration is senior law to the Constitution. The Declaration is the legal basis for ratifying the Constitution. The Declaration is the legal basis for participating in the Revolutionary War. The Declaration is the legal basis for forming all representative governing organization and giving them delegated powers and removing any government that strays.
These words are law “that all men are created equal”
Thanks, Jim. Some of these judges definitely need to be removed.