Thom Hartmann: Democratic Underground Readers are Wrong on SCOTUS

[rapmanej]

63. I am not very impressed at all by this clip

Anyone who has taken a course in Constitutional law or had other constitutional legal training knows that the Constitution says very little about the Supreme Court, but that does not really matter because the power of judicial review was established in Marbury v. Madison when Chief Justice Marshall wrote:

"It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each."

The Supreme Court has had this power for ~210 years, mostly due to the work of Mr. John Marshall. To argue that the Supreme Court does not have this power would seem to throw 210 years of Court decisions (Brown v Board, etc) to the wind.