Congress could have passed DOMA with a provision that removed it from court review. Article III, “with such exceptions . . . as Congress shall make.”
Its not as if the Framers designed Scotus to be supreme among the branches; Congress has allowed and encouraged it.
posted on 12/09/2012 1:07:29 PM PST
("How few were left who had seen the republic!" - Tacitus, The Annals)
Alexander Hamilton in Federalist No. 17 assured readers that the Judicial branch would be the weakest of the three branches.
posted on 12/09/2012 1:12:35 PM PST
("Ya could look it up!")
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