Unfortunately, the Court used Marbury vs. Madison to seize this power and nobody (except Andrew Jackson) ever attempted to stop them.
That opinion tells you where the 'scholars' find that "It is emphatically the province and duty of the judicial department to say what the law is." There are several arguments in there.
posted on 07/12/2004 8:25:48 PM PDT
There are also several counterarguments to those arguments. I'd have to dust off my con law notes, but Marbury was a very badly crafted and decided case. After all, the Court determined that it lacked jurisdiction. the rest is dicta and shouldn't have even been included.
posted on 07/12/2004 8:34:34 PM PDT
(If we buy into the nonsense that we always have to vote for RINOs, we'll just end up taking the horn)
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