General Discussion

hifiguy

(33,688 posts)

8. In theory, this is true.

Wed Dec 14, 2011, 03:47 PM

Dec 2011

I read Marbury both as an undergrad and as a law student.

There is nothing to prevent Roberts, Alito, Scalia and Thomas from overturning the case, if they can persuade Kennedy, and literally reading the Constitution out of the Constutution if they so desire. For the Constitution is what the SCOTUS says it is and Marbury is only precedent, which can always be overruled, and not a part of the Constitution itself. And at least 4/9 of the current court seems to loathe everything about the post-1865 Constitution. I would put absolutely nothing past those crooked bastards after Citizens United.

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Human Rights Attorney: Defense Bill Will ‘Gut The Constitution’ [View all] Purveyor Dec 2011 OP

Not so much a gutting as a mercy killing gratuitous Dec 2011 #1

"contact the president and tell him that he needs to stand up for his promise and veto this bill" FiveGoodMen Dec 2011 #2

A law cannot change the constitution. nt FarCenter Dec 2011 #3

It can, functionally speaking, if the SCOTUS hifiguy Dec 2011 #4

It was John Marshall who established that the constitution means what the SCOTUS says it means FarCenter Dec 2011 #6

In theory, this is true. hifiguy Dec 2011 #8

yep. A completely unconstitutional, made up power of the Supreme Court. provis99 Dec 2011 #9

it's been gutted with Bush and the Awlakis and the attack on Libya--this just brings it into the MisterP Dec 2011 #5

Kicked and recommended. Uncle Joe Dec 2011 #7