You’re missing the nuance of the cited case (Marbury v. Madison), in which the USSC effectively gave themselves the power of judicial review.
Judicial review isn’t explicitly in the constitution.
I agree that judicial review is nominally a good idea, but not under these circumstances, and not when the top of the judicial system is shamelessly and obviously biased to this degree.
…but by what authority did the SC declare in Marbury that the constitution takes precedence over acts of Congress?
I’m not just trying to be contrarian. I’m pointing out that the decision the court reached in Marbury provides the authority with which the court made their decision in Marbury. It’s a circular argument: “we have the authority to rule on this decision because we are ruling that the constitution gives us that authority”.
You’re missing the nuance of the cited case (Marbury v. Madison), in which the USSC effectively gave themselves the power of judicial review.
Judicial review isn’t explicitly in the constitution.
I agree that judicial review is nominally a good idea, but not under these circumstances, and not when the top of the judicial system is shamelessly and obviously biased to this degree.
Marbury decided that the Constitution takes precedence over acts of Congress. Judicial review is the logical corollary of that decision.
In other words, the only way to avoid judicial review would have been to decide that acts of Congress may override the Constitution.
…but by what authority did the SC declare in Marbury that the constitution takes precedence over acts of Congress?
I’m not just trying to be contrarian. I’m pointing out that the decision the court reached in Marbury provides the authority with which the court made their decision in Marbury. It’s a circular argument: “we have the authority to rule on this decision because we are ruling that the constitution gives us that authority”.