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The ability for SCOTUS to rule on Chevron isn't even in the Constitution! Marbury v. Madison was SCOTUS saying "we can overturn your executive and legislative c
by colejohnson66 2y ago
The ability for SCOTUS to rule on Chevron isn't even in the Constitution! Marbury v. Madison was SCOTUS saying "we can overturn your executive and legislative choices" and no one bothered to stop them.
- trealira 2y ago> Marbury v. Madison was SCOTUS saying "we can overturn your executive and legislative choices" and no bothered to stop them. Are you implying the establishment of judicial review was a mistake?
- colejohnson66 2y agoHell no. I'm just taking issue with the claim that SCOTUS is just "following the constitution". They are actually governed by whatever they say they're governed by. The Roberts Court loves to act they're "textualist" interpreters, but only when it benefits them. They claim stare decisis to avoid overturning precedent, but only if said precedent is something they agree with.
- trealira 2y agoGot it, that makes sense. I think I completely misinterpreted the comment due to the context.
- taylodl 2y agoThe way judicial review was established is the mistake.