Constitution doesn't give SC power to arbitrate Constitution

Constitution doesn't give SC power to arbitrate Constitution

PostBy: lsayre On: Sat Jul 27, 2013 5:28 pm

Check out this absolutely amazing 1820 letter from Thomas Jefferson. He clearly reminds us therein (in this his letter of response) that the Constitution does not grant the Supreme Court the power to arbitrate Constitutional matters. He concisely states why as well, stating that it would lead to despotism.

This power seems to be one of the SCOTUS' most highly regarded functions today. Amazing how things change!!!

http://www.thefederalistpapers.org/foun ... -oligarchy
lsayre
 
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Re: Constitution doesn't give SC power to arbitrate Constitution

PostBy: jpete On: Sat Jul 27, 2013 6:05 pm

It was Marbury v Madison that cemented the philosophy of "judicial review".

Imagine that! The SCOTUS deciding on a case which gave the SCOTUS more power and prestige! Whoda thunk!

TJ was a little late to the party on his opinion. And I believe he and Madison probably knew more about Constitutionality than most since they were two prime movers in it's creation.

But, since Justice Marshall was a Federalist, it's probably no surprise he ruled as he did.
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Re: Constitution doesn't give SC power to arbitrate Constitution

PostBy: lsayre On: Sat Jul 27, 2013 7:50 pm

Check out the last line also, wherein Jefferson states that due to the separation of powers the power to legislate is not a function of the Executive branch. Bye-Bye Executive Orders. Despotism is the consequence for these as well.
lsayre
 
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