Started By
Message
locked post

The surprise Princeton document : constitution convention rejected judicial veto power

Posted on 4/25/17 at 3:57 pm
Posted by jb4
Member since Apr 2013
12716 posts
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 by udtiger
Over your left shoulder
Member since Nov 2006
99633 posts
Posted on 4/25/17 at 4:44 pm to
Anyone with a rudimentary knowledge of the history of the Constitution could have told you this.
Posted by TigernMS12
Member since Jan 2013
5540 posts
Posted on 4/25/17 at 4:48 pm to
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 by biglego
Ask your mom where I been
Member since Nov 2007
76713 posts
Posted on 4/25/17 at 4:58 pm to
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 by kingbob
Sorrento, LA
Member since Nov 2010
67260 posts
Posted on 4/25/17 at 5:25 pm to
Marbury wasn't a controversial decision at the time. McCullough v. Maryland on the other hand...
Posted by CommoDawg
Member since Jun 2015
2322 posts
Posted on 4/25/17 at 5:30 pm to
What branch would the arbiter of what is constitutional or not if the Supreme Court isn't?
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 4/25/17 at 5:58 pm to
Yeah frick John Marshall!
Posted by AUstar
Member since Dec 2012
17085 posts
Posted on 4/25/17 at 9:06 pm to
Jefferson's opinion on the Supreme Court after Marbury vs. Madison:

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.
first pageprev pagePage 1 of 1Next pagelast page
refresh

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram