[tdadams]

I agree with Cal's advocacy of a return to Constitutional authority, but I found it curious that he would quote Justice Marshall from 1803 as support, when it's was Justice Marshall, in the 1803 Marbury v. Madison decision that essentially created the notion that the law is whatever a majority of the Supreme Court says it is.

[m1911]

With the SCOTUS issuing rulings, everybody's talking about Marbury v. Madison.

If the SCOTUS isn't the final arbiter, who is?

IMO, it takes a unanimous decision by all three branches to make Federal law Constitutional. Any of the three can strike down a law as unConstitutional. The problem is with the rulings on State law, where only the SC gets a crack at it.

[George Frm Br00klyn Park]

"justices and judges who interpret laws according to the understanding of the principles of those laws when they were enacted." This is an important point, because if laws are to be made by the courts, what is the purpose of Congress? Are we to be guided by the idea enunciated in 1803 at the dawn of our nation by Chief Justice John Marshall: "The government of the United States has been emphatically termed a government of laws and not men"? Constitutional attorney John Whitehead has written, "This meant that even the state, its agencies and its officials were under the law, not above it.""
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TDA, Wasn't the "1803 Marbury v. Madison " case about having a dureaucrat doing his sworn duty under his job description? Didn't the "court" decide that a Presidentially appointed and Senate confirmed leader{?} must be sworn in and "seated" by the appropriate official "under the law"?

IMHO, the only problem with the decision was the words of one justice who said erroniously that the court was the only deciding factor. Stupid words that have been taken "out of context" in order to give the "court" supreme power. But, those "out of context" words have led many a judge astray {good and/or bad} to the absolute detriment of the U.S. of A. Constitution with it's attendent Amendments. And, bringing the U.S. of A. to a point NOT "under the law", but under the whims of 9 justices of any given day. Peace and love, George.