There is a move to overturn the most important and wide ranging Supreme Court Decision ever made. Not Roe v. Wade, not Brown v. Board of Education. No, the one that the left wants to overturn is Marbury v. Madison.
Marbury was the most important decision ever made by SCOTUS, because it was that decision that gave us judicial review. That case established for the first time that federal courts had the power to overturn an act of Congress on the ground that it violated the U.S. Constitution. The left wants to do away with that, and I think that I know why, but before I explain that, let’s look at why I think this is the left’s latest target. Read from the report itself (pdf alert):
What is the category of decisions to which the Court should be more deferential? Is the concern that the Court exercises too much power just about the invalidation of Acts of Congress, or does it extend to the much more common instances in which the Court declares unconstitutional the actions of states or local
Those two forms of judicial review raise significantly different issues, but both implicate the power of the Court to overturn enactments by democratically elected bodies. In addition, the Court exercises power over the other branches of the federal government in ways apart from its constitutional holdings. The Court interprets federal statutes and can declare unlawful the actions of executive branch agencies. Though these decisions, unlike constitutional holdings, can in principle be overturned by legislation, in practice the difficulty of enacting legislation routinely means that what the Court says is the last word.Page 26 of the report, emphasis added by Divemedic
Perhaps the more fundamental question — the one that has attracted so much discussion for so long is when deference is justified and when it is not. In prominent cases, the Court has intervened to try to protect racial or religious minorities or political dissidents from the abusive actions of majorities. If the Court were to adopt a posture of across-the -board
deference, it would no longer play that role . But some critics of the Court assert that greater deference would be worth it, that the gains from those celebrated decisions are outweighed by the instances in which the Court has prevented democratically -elected branches of government from serving the nation’s interests, including by recognizing and protecting individual rights and the rights of minority and disadvantaged groups.
Read those bolded parts. What the commission, and by extension the left, is trying to say is that they don’t want SCOTUS overruling the other branches of government. They want a government that is no longer constrained by the Constitution. Without a Supreme Court ruling that certain acts and laws are not Constitutional, the legislative and executive branches would no longer be constrained by our founding documents.
Since we all know that elections don’t mean shit and have been gamed, cutting the courts out of our government would be handing the keys of our nation over to the communist dictators that currently run the Democratic party.
Packing the court would likely be seen by Suzie Soccermom as a power grab, drawing the ire of the general public. Removing the power of the court to overturn unconstitutional edicts would be obscure enough that America’s inability to grasp legal nuance and to read a story that is more than a paragraph long would likely pass without complaint.
That is the real danger: A Democratic party unrestrained by the ballot box, the Constitution, or a Supreme Court.
Steve S · December 8, 2021 at 9:16 pm
And when the first 3 boxes have been nullified it comes down to the 4th box. God save us.
Big Ruckus D · December 9, 2021 at 2:01 am
This was an inevitability at this stage of the game. The left cannot tolerate any constraint on their power, nor on their ability to abuse it. The Supreme joke was already irrelevant based on many startlingly bad decisions before now, most notably of late were obamacare and their complete punting on hearing the multi-state election fraud case. No standing? Ok, fuck right off then, we can just ignore you now because you utterly failed to fulfill your role in a seminal case that was absolutely made to be heard in your venue.
Besides, the court has no enforcement arm of its own. They rely on goons generally under the auspices of the executive branch for that, and said goons are quite evidently under control of some other exogenous force now, so will only engage in enforcement actions on the courts behalf if their (DOJ/FBI/ATF/etc.) agenda just happens to coincide with the courts.
Just another useless converged institution that is no longer suitable for its originally chartered purpose. As that is true of the entirety of govt now, there is nothing to even bother discussing in terms of saving or salvaging. It all gets junked, and whoever is left on the other side of the shit show gets to start over with something new, and hopefully that works out better than the last big attempt from 1776.
I really doubt the next grand experiment is any better though, as the largest chunk of population in the FUSA is lacking the the character, integrity, morals and intellect to draft and enforce a system that works better than the one which has failed totally in under 300 years. I see no Thomas Jeffersonian types of note on the radar anywhere. Just a bunch of sniveling, self serving cunts enriching themselves off what can still be stripped from the carcass.
Maybe some quality leadership emerges later on, but not a single known public figure of any note right now today is worth a pinch of coon shit. The key founders, by comparison, were generally well known and regarded even before the declaration was drafted. Or maybe I give them too much credit. All I know of them is what history has chosen to portray. Might well all be proper bullshit.
Moreover, the post collapse survivors – assuming there are a critical mass of them left – will not have a practically clean slate of an unspoiled continent replete with nearly limitless resources to exploit working to their benefit either on the next go around.
But then I probably won’t survive to see what happens that far down the road anyway, since a recalcitrant, anti-authority bastard like me will be targeted by the bad guys at some point in the festivities. I’m a small turd in their punchbowl certainly, but totalitarians always work their way down to the fly on the horses ass, once they’ve taken out all the prime targets. I figure I’ll only make it through by sheer luck, and not even sure I want to, honestly.
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