The Myth of Marbury v Madison

The common understanding of the famous Marbury v. Madison case is that it established the authority of the Supreme Court to determine what the Constitution says. From there, it’s held that the Court gets to determine the limitations placed on the federal government as well as the states. In short, the rest of the federal government, and the states, are bound by what the Supreme Court decides.

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We the People of the United States: Who Established the Constitution?

One of the key arguments made by constitutional nationalists is that the Constitution provides that “We the People of the United States . . . do ordain and establish this Constitution.”  The idea is that a single people throughout the country as a whole established the Constitution and therefore sovereignty resides at the national level in that people.

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