To: MindBender26
"-- Son, you may be right. Fifty Dollars. -- And never forget, fighting city hall is for the suckers. --" Milo, you may be right, -- the lawyers that run State & Fed governments know it all, and would never/ever ignore our Constitution. -- We just have to learn to trust them..
34 posted on
03/03/2007 9:58:45 AM PST by
tpaine
(" My most important function on the Supreme Court is to tell the majority to take a walk." -Scalia)
To: tpaine
The problems that have resulted from the Court's decision that it can hold a law/regulation/etc. to be unconstitutional in Marbury lie primarily, not with SCOTUS, but with the then President and Congress.
Had the Prez or Congress said "No, you alone cannot invalidate a law by holding it unconstitutional," what could SCOTUS have done?
Send in the SOCTUS Army?
The problem is two fold:
Like it or not, we have 200 years of precedence for such SCOTUS holdings.
Secondly, if the courts cannot decide, then who shall?
An ever-changing Congress? A dictator President?
Can you imagine "All firearms are legal" under Nixon. "No, they are not" under Carter. "All are legal" under Reagan. "Most firearms are legal" under Bush I. "No firearms are legal. All are to be confiscated unless you are a member of the state National Guard" under Clinton.
?
35 posted on
03/03/2007 10:36:00 AM PST by
MindBender26
(Having my own CAR-15 in Vietnam meant never having to say I was sorry......)
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