REFLECTIONS

Posted on April 11, 2012

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QUESTIONS  SUPREME COURT AUTHORITY

The idea that the Supreme Court has the right to declare federal laws unconstitutional is “clearly” set forth in Article III of our treasured Constitution is not remotely true.

The doctrine of judicial review is not mentioned in the Constitution. It came into being as a transparently political ploy by Chief Justice John Marshall in the ongoing battle between his Federalists and Jefferson Republicans.

In regard to Obama Care, isn’t this similar as there is that battle between Republicans and Democrats?

The complete lack of a Constitutional basis for the court’s supposed right in this matter is in question. The idea that One Branch (the Courts) has some sort of “Super Power” that allows it to do whatever it wishes is not found in the Constitution.

And, in fact, it is contrary to the intent of “Checks and Balances” found in the Constitution where two Branches can override the Third. But One can “NEVER be allowed to override the Other Two because of some self imposed “Self-Decreed Super Power.”

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