In Marbury v. Madison, Chief Justice John Marshall established the power of judicial review, which is not mentioned anywhere in the #Constitution. But judicial review in 1803 was not the doctrine of judicial supremacy it has come to mean. It was merely the power to resolve conflicting laws. Today, the #supremecourt claims to be the exclusive decider of constitutional meaning, above not just the states but also the other branches of the federal government. #law #scotus senatormoobs.substack.com/p/cr…
volkris
in reply to Senator Moobs • • •Well that's not true.
If it was true that the court claims to be exclusive decider of constitutional meaning then we wouldn't see the court actively and explicitly citing the constitutional meanings decided by others, both other courts and even conclusions by non-governmental speakers.
No, the court said that it CAN issue opinions. But it can't exactly force anyone to care or abide by them.