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To: Piranha

Marbury v. Madison was in effect an extra-constitutional coup. Nowhere in the US constitution is the SC, or any federal court, given the power to invalidate legislation (i.e.”judicial review”). Yet the framers, many of whom were still alive when this case was decided, meekly rolled over for it. As for the filibuster, it was first used in 1837. And as for the 17th Amendment allowing for the popular election of senators, much criticism of it is in vogue in conservative circles, yet it must have has some merit, or 3/4 of the 48 states would not have voted to ratify it!


9 posted on 11/29/2013 1:55:28 PM PST by steelhead_trout (MYOB)
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To: steelhead_trout
-- Marbury v. Madison was in effect an extra-constitutional coup. --

Not on its own, it wasn't. In Marbury, SCOTUS found that the constitution did not give SCOTUS original jurisdiction to hear the type of case brought to it. The constitution specifies SCOTUS jurisdiction, and SCOTUS, in that case, followed the limited grant of jurisdiction that the constitution gives it.

12 posted on 11/29/2013 2:02:49 PM PST by Cboldt
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