2 ms·
Which seems like an enormous power grab on the one hand but I can’t really see any other way for them to be a check on the other branches without that power. Th
by brewdad 2y ago
Which seems like an enormous power grab on the one hand but I can’t really see any other way for them to be a check on the other branches without that power. There needs to be some legal basis to declare a law invalid. The Constitution (with all of its vagueness at times) seems like the better way than simply vibes.
- cryptonector 2y agoThe Supremacy Clause lists the supreme laws in order: constitution, federal statutes, treaties. If there is a conflict among them then it's natural for the courts to resolve that conflict by deferring to the more supreme item on that list, thus if a law violates -say- the right to due process as enshrined in the constitution then that law must be invalid and the courts must rule as much. Marbury is an utterly natural consequence of the Supremacy Clause and Article III (and the context of common law).
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