Posted by Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host
My comment regarding this video:
The debate is a short one since you laid out the truth so nicely. Let's add a little more, however. Judicial review, the power of judicial supremacy you discussed so eloquently, is not a power granted to the courts, but was taken (seized) through judicial opinion beginning with John Marshall's in 1803's Marbury v. Madison. Judicial review's presence and growth led to our current system of case law. Here's the thing. Our Constitution is a social contract, and as a contract it does not fall under case law. It falls under contract law... Which is, essentially, a matter of "either it's in there, or it's not." Then, when we talk about our worthless Congress, we can go right back into Article III, to the Exceptions Clause, to discover that Congress has the power through legislation to make null and void any unconstitutional ruling by the court. Do you hear that, my friends? The Exceptions Clause establishes that Congress has power to be a check against the courts! And, then of course, the States also, beyond their voice in the Senate (of which their equal suffrage was taken away in violation of Article V. by Amendment 17 in 1913) have the authority to nullify unconstitutional rulings because in the end the contract-makers, the States, are the ultimate final arbiters of the United States Constitution.
-- Political Pistachio Conservative News and Commentary
No comments:
Post a Comment