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Constitutional Supremacy, Not Judicial Supremacy

Constitutional Supremacy, Not Judicial Supremacy

by TJ Martinell | May 11, 2022 | Constitution, Judiciary

In response to a U.S. Supreme Court opinion, President Andrew Jackson allegedly remarked “John Marshall has made his decision; now let him enforce it!” Whether he actually said it or not, the statement gets at the heart of an important constitutional question....
Constitutional Supremacy, Not Judicial Supremacy

Clearing up the confusion about Marbury v. Madison

by Publius Huldah | Jan 29, 2020 | Court Cases, Judiciary

It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional. What Article VI of the Constitution does say, however, is that (a) the Constitution is the supreme law of the...
Can the Supreme Court Review Impeachments?

Can the Supreme Court Review Impeachments?

by Michael D. Ramsey | Jun 3, 2019 | Court Cases, Impeachment, Judiciary

At The Hill, Alan Dershowitz answers yes: Supreme Court could overrule an unconstitutional impeachment.  From the beginning: President Trump has said that if the House were to impeach him despite his not having committed “high crimes and misdemeanors,” he might seek...
Mainstream Media Still Stupid on Nullification

Mainstream Media Still Stupid on Nullification

by Mike Maharrey | Nov 14, 2018 | Media, Nullification

Well, it’s been a while since I’ve had the opportunity to take apart a mainstream news report on nullification. You probably won’t be surprised when I tell you that after all of these years, reporters are still stupid on the issue. In truth, we...
Who Made the Supreme Court King?

Who Made the Supreme Court King?

by Mike Maharrey | Sep 28, 2017 | Constitution, Court Cases, Judiciary

For the last 100 years, most Americans have assumed the federal court system, and ultimately the Supreme Court, stands as the final arbiter in any constitutional controversy. But who made the federal courts king? The Constitution certainly didn’t. Take a moment and go...
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