- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
The surprise Princeton document : constitution convention rejected judicial veto power
Posted on 4/25/17 at 3:57 pm
Posted on 4/25/17 at 3:57 pm
Google the wsj story, paywall problem. It should have been Yuge story. Bottom line, Supreme Court doesn't have the power it is assumed it has if you go with the original intent of the founders. Frick lawyers story ran April 17, 2017
This post was edited on 4/25/17 at 3:59 pm
Posted on 4/25/17 at 4:44 pm to jb4
Anyone with a rudimentary knowledge of the history of the Constitution could have told you this.
Posted on 4/25/17 at 4:48 pm to jb4
Marbury v. Madison was decided in 1803. Most of the founders were alive then. Hell our Constitution was 14 years old (from ratification date).
Posted on 4/25/17 at 4:58 pm to jb4
The Supreme Court gave itself this power in Marbury. Court decided it made sense that it should have this power even though it isn't explicitly stated in the constitution. Congress could take this power away by amendment.
Posted on 4/25/17 at 5:25 pm to jb4
Marbury wasn't a controversial decision at the time. McCullough v. Maryland on the other hand...
Posted on 4/25/17 at 5:30 pm to jb4
What branch would the arbiter of what is constitutional or not if the Supreme Court isn't?
Posted on 4/25/17 at 9:06 pm to jb4
Jefferson's opinion on the Supreme Court after Marbury vs. Madison:
The Anti-Federalist Robert Yates:
It seems that (some) of the founders were not too keen on the notion that the Supreme Court has the final word on law. A very prescient concern considering the activist judges that have plagued the court for so long now.
quote:
You seem to consider the judges as the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps.... Their power [is] the more dangerous as they are in office for life, and not responsible, as the other functionaries are, to the elective control. The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots. It has more wisely made all the departments co-equal and co-sovereign within themselves.
The Anti-Federalist Robert Yates:
quote:
"The supreme court then have a right, independent of the legislature, to give a construction to the constitution and every part of it, and there is no power provided in this system to correct their construction or do it away. If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void."
It seems that (some) of the founders were not too keen on the notion that the Supreme Court has the final word on law. A very prescient concern considering the activist judges that have plagued the court for so long now.
Back to top
Follow TigerDroppings for LSU Football News