To: Pontiac
The constitution doesn’t make sense without M&M.
It was not the first case that ruled that the Court had the power of Judicial Review of federal laws. See Hylton vs United States..
123 posted on
02/21/2019 11:15:38 AM PST by
arrogantsob
(See "Chaos and Mayhem" at Amazon.com)
To: arrogantsob
As I do not think the tax on carriages is a direct tax, it is unnecessary, at this time, for me to determine, whether this court, constitutionally possesses the power to declare an act of Congress void, on the ground of its being made contrary to, and in violation of, the Constitution; but if the court have such power, I am free to declare, that I will never exercise it, but in a very clear case. I am for affirming the judgment of the Circuit Court. It seems as though there was a question in the mind of Justice Chase as to the courts power to declare laws unconstitutional.
In this case they did not strike down the law so the question of the courts power to strike down a law as unconstitutional was still unresolved.
124 posted on
02/21/2019 4:17:18 PM PST by
Pontiac
(The welfare state must fail because it is contrary to human nature and diminishes the human spirit)
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