In this article the Chief Justice of the Supreme Court warns against exactly what the Founding Fathers wanted to happen. Many of the listeners to the podcast and followers of the blog know that most of the decision in Marbury v. Madison was blatantly an unconstitutional power grab by the judicial branch of the federal government. Heck, even Justice Sotomayor acknowledged that fact during her questioning in the Dobbs v. Jackson’s Womens Health case heard earlier this month.
Here is a pull quote from the article – “Quoting from Marbury v. Madison, a defining Supreme Court ruling in the history of American constitutional law, Roberts continued, saying ‘it is emphatically the province and duty of the judicial department to say what the law is.'”
What a joke. He must have forgot what one of the authors of the constitution stated about states’ rights. Some guy by the name of Thomas Jefferson wrote this – “when-so-ever the general
government assumes undelegated powers, its acts are unauthoritive, void and of no force”. Which is exactly what the judicial branch did in Marbury v. Madison. Also, that same guy, Jefferson, had this to say when it came to the states deciding the constitutionality of laws – “The true barriers of our liberty are our state governments” and “to consider the judges of the Superior Court (U. S. Supreme Court) as the ultimate arbiters of constitutional questions would be a dangerous doctrine which would place us under the despotism of an oligarchy… I know no safe depository of the ultimate powers of society but the people themselves.”
So, when Chief Justice Roberts and the author of the article, Mister Brent Budowsky, both decry the actions of the states in response to Supreme Court decisions or worry about the political leanings of the Supreme Court they should consider two things:
First – the Supreme Court brought this upon itself by assuming undelegated powers not granted in Article III of the Constitution.
Second – What they both lament happening when states make laws to nullify Supreme Court decisions, the states are doing exactly what the authors of Constitution stated should happen.
Maybe both of them should take a long look at Thomas Jefferson’s writings instead of prior Supreme Court decisions and see that they are wrong.
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