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Judicial Supremacy: How Did this Far-Fetched Claim Originate?

protias

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http://tenthamendmentcenter.com/201...acy-how-did-this-far-fetched-claim-originate/

In an August 2010 paper for the Constitution Project titled “Judicial Supremacy: How Did this Far-Fetched Claim Originate?” (available to read in full below this article) constitutional scholar Louis Fisher launches an in-depth analysis of the Marbury decision and arrives at the same conclusion: Marshall never intended to assert absolute superiority of the Court. In fact, Fisher calls the notion “nonsense.”
 

sudden valley gunner

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Along with that post I recommend reading Kevin Gutzman's Politically Incorrect Guide to the Constitution, it mostly talks about who destroyed it, yep the courts.
 

countryclubjoe

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Or in the words of Justice Hugo L Black

" Recalling that it is a Constitution intended to endure for ages to come we also remember that the Founders wisely provided the means for that endurance; Changes in the Constitution, when thought necessary, are to be proposed by Congress or conventions and ratified by the states.The Founders gave no such amending power to this Court."

My .02

Best regards

CCJ
 

sudden valley gunner

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Or in the words of Justice Hugo L Black

" Recalling that it is a Constitution intended to endure for ages to come we also remember that the Founders wisely provided the means for that endurance; Changes in the Constitution, when thought necessary, are to be proposed by Congress or conventions and ratified by the states.The Founders gave no such amending power to this Court."

My .02

Best regards

CCJ

Too bad the KKK man didn't live up to his own words.
 

countryclubjoe

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Too bad the KKK man didn't live up to his own words.

Hi SVG

Justice Black's story is a good read. The KKK issue aside,chalk it off to youthful politically motivated ambition. I guess he righted his wrong a bit in United States v Price.

Black was also a huge fan of John "Freeborn John" Lilburne. Which in turn makes Black a fan of mine. While he his not my favorite Justice of all time, I do have him in my top 14-15 Justices of the Supreme Court.

Best regards SMV

CCJ
 

sudden valley gunner

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He was FDR's man that helped erase a lot of constitutional restraints upon the feds. His anti Catholicism (KKK thing) was part of his decisions dealing with schools, and the make believe "wall of separation" applying it to states.
 
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