Prior to Marbury, who do you think was the decision maker when 2 laws were in conflict with each other? This goes back to English law.
It is the height of stupidity to think that the Founders would think courts have no place in decisions about laws that conflict with other laws. The Constitution specifically states that the courts shall have jurisdiction in "all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made"
If courts can't decide on the intent of a law then the Constitutionalist jurists are the worst offenders when it comes to interpreting the US Constitution.
Agreed again. Marbury can be viewed as declaring a self evident axiom. Perhaps it was unnecessary to do so and they could have simply order the writ of mandamus.
(SmarterthanYou has never taken issue with Trump declaring himself plenipotent) despite checks and balances.
The court is not overstepping its bounds at all, IMO with Marbury. If its job is not interpreting Congresses law, then what is it?
Are they telling the congress what words to pen? Are they telling the potus he can't veto? No. Did they ever declare a war? Did they ever submit a Bill?
In some metaphysical sense, yes, they are "redrafting" enacted laws but only in the sense that the common law provides. When I write a sentence, I can't anticipate how it will be read,
but read it will be. And the reader decides what I meant. Are they breaking the law in this exercise of divining my intention and expressing their reasoning from my imperfect words? Did that injure the author?
They are doing the job they have to do, and if a poorly worded or vague statute says, I don't know, "
thou shalt not kill" and someone kills a plaintiff's
goat and she sues, can judges say what the law is? Of fucking course. Ask SmarterthanYou if he would like the unwashed rabble bringing cases to congress.
Republicans clearly have not much grounding in the common law. A nice short pamphlet was written by O holmes. Maybe 100 pages