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.
"If the SCOTUS isn't the final arbiter, who is?"The PEOPLE, as the founders intended. If you don't believe it, then ponder why the founders included the 2nd amendment.
The USSC may think they have the final word, but if they continue on their present path, they are going to get a rude awakening.
If the SCOTUS isn't the final arbiter, who is?
-m1911-
The people 'arbite' the plain words of our constitution, and all branches of government including the courts are bound by those words.
Thus, Marshalls concluding argument in M v M; --
---- "courts, as well as other departments, are bound by that instrument":
"It is also not entirely unworthy of observation that in declaring what shall be the supreme law of the land, the constitution itself is first mentioned; and not the laws of the United States generally, but those only which shall be made in pursuance of the constitution, have that rank."
"Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void; and that courts, as well as other departments, are bound by that instrument."
"The rule must be discharged."
Source: 1 Cranch 137 (1803).
Marbury v. Madison (1803)
Address:
http://usinfo.state.gov/usa/infousa/facts/democrac/9.htm