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Forum Post: February 14, 1803: Chief Justice John Marshall declares that any act of

Posted 2 years ago on Feb. 1, 2012, 10:30 a.m. EST by Kirby (104)
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Congress that conflicts with the constitution is void. I sure would like to see the current congress start living by what Chief Justice Marshall declared 209 years ago.

1 Comments

1 Comments


Read the Rules
[-] 1 points by ZenDog (13739) from South Burlington, VT 2 years ago

The same could be said of the court.

I have seen an attorney who supports the Occupy Movement make the case that the Supreme Court overstepped its authority with its decision in Citizens United, and that is based on

  • Article III section 2 of the U.S. Constitution

    • The judicial power shall extend to all cases in law and equity . . .

    • In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the supreme court shall have original jurisdiction. In all other cases before mentioned, the supreme court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the congress shall make.

The key in this attorney's mind is of course the last line:

  • with such exceptions, and under such regulations, as the congress shall make.

And therefore all congress need do is affirm their own authority and toss the ruling - and perhaps this ruling becomes grounds for impeachment of

  • conservative activist justices