HOW CAN A STRICT CONSTRUCTIONIST SUPPORT MARBURY VS MADISON?
That case gives the court the power to overturn any law passed by congress. Republicans use a theory called strict constructionism which calls for adherence to the original intent of the writers. That is a massive contradiction.
Nothing in the original constitution gives the court the power to dominate congress. The court just grabbed the power in 1803 and we have always just let it stand. Confront strict constructionists with this fact. We are in a constitutional crisis. We have to fix this or lose the partial democracy that we have. Putting more judges on the court is a good idea, and we have done that before, but the real fix is to repeal Marbury vs Madison. We will have to do it eventually. Now is the best time, while people are angry enough to back it.
Posted Jun 26, 2022, 8:00 PM UTC
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