200, 300, 400 years, doesn’t matter how many years.
Presidents, even Obama, have called for overturning it because there is nothing in the Constitution that supports it. It was a power grab based on partisan politics, a judicial fiat.
Even under President Reagan it was in the crosshairs. President Reagan left it to Judges Bork and Scalia pwho were looking at overturned as a part of the package of judicial restraint. If they had oressed for it, President Reagan would have seen it taken down. As it was, Judge Bork was not confirmed for otherwise, it might not exist today:
Ever since it was made it survives an occasional but growing outrage as part of the decades old movement of establishing judicial restraint. It survives weakly because it’s not worth ruffling the robes of the judiciary until the judiciary is so egregiously compromised that there is an enduring unified movement to take it down. Now, as conspiracy to violate law and the Constitution is in view, there is a base forming that may indeed take it down along with many other things.
And as these conflicts and confrontations continue and grow, the crosstalk in legal circles grows pointed with topics of what life will be like if or when Marbury should disappear.
So it’s a very hot topic in legal and judicial circles, even now, and it may boil over soon into the public arena.
If Marbury is to go away, Donald Trump is just the President to make it happen. Jurists can rest easy that he has other priorities but if they continue to tap dance behind their colleagues who are now openly violating the law and Constitution, then all bets are off.
Marbury will likely squeak by out of the crosshairs this go-round as democrats are beaten in Congress and in the courts. But jurists will walk on eggshells until the broader conflict has passed and the testing of the new President has fallen into fatigue which should be in the 2nd year of the Trump Presidency. Jurists know they can see Marbury gone with a sufficiently strong wave because Congress and the President have the power to make it go away. As it is, it sticks around like a little self-esteem button for jurists to make them feel their branch is on par with the other two; it is not. But they like to think it.
“.....today we are not merely transferring power from one Administration to another, or from one party to another – but we are transferring power from Washington, D.C. and giving it back to you, the American People.”
President Donald Trump 1/20/2017