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Comment on Could the Supreme Court overturning Marbury vs Madison be a way to repeal the US Constitution?

kersploosh@sh.itjust.works ⁨4⁩ ⁨days⁩ ago

I think there’s enough precedent at this point that everyone would still treat the Construction as law.

However, the case is also when the Supreme Court gave itself the power to override Congress by declaring laws unconstitutional. If the court overturned Marbury v. Madison the court would also be kneecapping itself by giving up one of its greatest powers.

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SubArcticTundra@lemmy.ml ⁨4⁩ ⁨days⁩ ago
I’m surprised that the Constitution didn’t come with a mechanism of enforcing compliance to itself built in. Many other countries, whose founders had the luxury of hindsight, have a constitutional court for exactly this purpose written into their constitution.

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WhoIzDisIz@lemmy.today ⁨4⁩ ⁨days⁩ ago

I think there’s enough precedent at this point that everyone would still treat the Construction as law.

What construction?

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- kersploosh@sh.itjust.works ⁨4⁩ ⁨days⁩ ago
  Typo. Autocorrect has been killing me lately.
  
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  - WhoIzDisIz@lemmy.today ⁨4⁩ ⁨days⁩ ago
    You & me both. I was just being a wiseass, tho. It was kinda obvious.
    
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- HoneyMustardGas@lemmy.world ⁨4⁩ ⁨days⁩ ago
  That was clearly a typo.
  
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  - WhoIzDisIz@lemmy.today ⁨4⁩ ⁨days⁩ ago
    Yes, it was. I’m just a wiseass.
    
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