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Tag: Marbury v Madison

Do You Understand The Rules?

By JGillman, Section News
Posted on Wed Apr 04, 2012 at 03:42:06 PM EST
Tags: Rules, Michigan, United States Supreme Court, Constitution, Playing by the Rules, Marbury v Madison (all tags)

Yes the rules matter.

A federal appeals court judge pretty much put the Obama justice department on notice when he demanded to know if they agreed to the rules.

"Smith, a Reagan appointee, went on to say that comments from the president and others in the Executive Branch indicate they believe judges don't have the power to review laws and strike those that are unconstitutional, specifically referencing Mr. Obama's comments yesterday about judges being an "unelected group of people."

The Rules pretty much reconfirmed in 1803 Marbury v. Madison that:

Yes. The Supreme Court has the authority to review acts of Congress and determine whether they are unconstitutional and therefore void.
It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each. If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.

Pretty much putting the liar in chief in the corner with a dummy hat on. The constitution is superior to any ordinary legislation.

The rules are the rules.

You probably thought I was going to further comment on the MiGOP didn't you?

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