Clearing up the confusion about Marbury v. Madison

Posted: November 7, 2019 by gamegetterII in Uncategorized

Publius-Huldah's Blog

By Publius Huldah

It is true that the Constitution does not expressly say that the federal courts have the power to strike down acts of Congress which are unconstitutional.

What Article VI of the Constitution does say, however, is that (a) the Constitution is the supreme law of the land and (b) judicial officers (among others) are under Oath to support the Constitution.

So what are the logical implications of the foregoing? That when an act of Congress violates the Constitution, and the issue is brought before a court in a lawsuit, it is the sworn duty of the Court to side with the Constitution and against Congress.

Let me give an illustration: Say Congress passes a law requiring all Jews to wear yellow armbands with the Star of David in black, and requiring all Christians to wear white armbands with the cross in black. And Congress makes it a…

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