A careful reading of Madison’s Notes, the Federalist Papers, and other original sources shows that it was assumed that the Supreme Court would have the power to explicate and defend the Constitution.
However true, therefore, it may be, that the judicial department is, in all questions submitted to it by the forms of the Constitution, to decide in the last resort, this resort must necessarily be deemed the last in relation to the authorities of the other departments of the government; not in relation to the rights of the parties to the constitutional compact, from which the judicial, as well as the other departments, hold their delegated trusts. On any other hypothesis, the delegation of judicial power would annul the authority delegating it; and the concurrence of this department with the others in usurped powers, might subvert forever, and beyond the possible reach of any rightful remedy, the very Constitution which all were instituted to preserve. James Madison, Report on the Virginia Resolutions
The Supreme Court was to decide what constitutional for the other branches of the federal government, not what is constitutional for the States.
posted on 04/01/2012 5:43:44 AM PDT
(I am a ~Person~ as created by the Law of Nature, not a 'person' as created by the laws of Man)
A careful reading of Madisons Notes, the Federalist Papers, and other original sources shows that it was assumed that the Supreme Court would have the power to explicate and defend the Constitution.
That has nothing to do with the argument here - that the states have the choice of whether or not to follow the SC as apposed to deciding for themselves.
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