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2016 Postmortem
In reply to the discussion: Jonathan Turley: Supreme Court Should Have 19 Members [View all]rhett o rick
(55,981 posts)41. I have read Marbury vs. Madison. And I agree it establishes judicial review.
IMO it isnt based on the Constitution. Madison made a ruling that tipped the balance of power greatly in his own favor. He did it without Congress, the president, and without the citizens. Now the SCOTUS can literally craft legislation as they did this week re. Arizona. The final bill isnt what was approved by the state but what was carved out by the all powerful SCOTUS. And citizens have little recourse. The Citizens United ruling which overthrew precedence and was against the will of the people, against the will of Congress and the President, was made by five people. Five people changed the law and we have no real recourse.
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The last question is an extreme example, but that doesn't mean it shouldn't be answered
onenote
Jun 2012
#39
Sorry, I didnt mean it was a bad question. I meant that I dont have a clue for
rhett o rick
Jun 2012
#42
If the Constitution isn't enforceable, what is the point of having a Constitution?
onenote
Jun 2012
#45
Bush vs Gore and Citizens United aside, I'd much rather have even this court doing judicial review
Hippo_Tron
Jun 2012
#43
There is no guarantee that the SCOTUS will do what you think is the right thing.
rhett o rick
Jun 2012
#47
I have read Marbury vs. Madison. And I agree it establishes judicial review.
rhett o rick
Jun 2012
#41
Chance of Congress changing the court size in the next few years, how close to zero ? n/t
PoliticAverse
Jun 2012
#2
Maybe someday the SCOTUS will be a real issue in the Presidential elections and the left will be
libinnyandia
Jun 2012
#3
I concur. Nine justices is far too easy to "partisan lock," witness the Felonious Five and their...
Raster
Jun 2012
#13
Yes. You can start your own thread to oppose it. You can do so even if you're not a lawyer.
drm604
Jun 2012
#19
A larger Court would have a more diverse group's life experience to draw upon.
SunSeeker
Jun 2012
#18
If Obama is re-elected, I want him to 'pack the court' to overcome the same things FDR did.
freshwest
Jun 2012
#14
I live in the real world, too. Did I say it was easy? Argue with the OP, not just me.
freshwest
Jun 2012
#31