Miller does not agree with Marbury vs Madison.
A point of stare decesis the courts will NEVER overturn.
“Miller does not agree with Marbury vs Madison.”
Lawyers cannot agree on the significance of MvM.
The fact remains, judges do not get to decide the decisions of the president. The law does not state: “The president may decide....but only if no federal judge disagrees.”
Did you know that in MvM that after justifying review on the back of the oath of office that Marshall expressly noted that those in other branches took the oath too?
So let me ask you: if it is worse than a solemn mockery to require the court to turn a blind eye to the Constitution and see only statutes passed by Congress then what is it to require the other branches of government to turn a blind eye to the Constitution and see only the opinions of the Court?
For all of us illiterate Rubes out here in "Flyover Country"
"Stare Decesis - the legal principle of determining points in litigation according to precedent."
"... the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed."