Obama nominates NewyoRican female to SCOTUS

[DinoDoc]

Allowing them to declare laws unconstitutional was really too far for him.

Smart man. I wonder if he saw judicial activism coming?

I believe his words were something along the lines of if Marshall's view of judicial power became the norm it would have the effect of placing us under the despotism of an oligarchy.

[Drake Tungsten]

Quite prescient.

[KrazyHorse]

Allowing them to declare laws unconstitutional was really too far for him.

Smart man. I wonder if he saw judicial activism coming?

What's the point of a constitution if an independent judiciary does not have this power?

[Imran Siddiqui]

Well Jefferson wanted a despotism of the mob, so don't thumbs up him quite so eagerly.

[DinoDoc]

What's the point of a constitution if an independent judiciary does not have this power?

In absence of a clear statement in the US Constitution authorising the Federal judiciary to throw out the acts of coequal branches of government, the arguement for such a power seems to rely on a signifigant amount of glossing over and ignoring the text one is seeking to defend. [/Berz]

[Imran Siddiqui]

However, using Berz's "As one of the authors he had a say in what it says" standard, plenty of delegates to the Philadelphia Convention would have been supportive of Marshall's decision.

[DinoDoc]

However, using Berz's "As one of the authors he had a say in what it says" standard, plenty of delegates to the Philadelphia Convention would have been supportive of Marshall's decision.

Yet they didn't feel the need to add it in and the idea itself was only a passing fancy in England as it fell in and out of favor over the years. It wasn't even a unanimous idea among the states as it had only been enshrined in some of the state's constitutions at the time.

[Drake Tungsten]

****, I'm way too tired to intelligently word a response to KH. Maybe later...

[Imran Siddiqui]

Yet they didn't feel the need to add it in and the idea itself was only a passing fancy in England as it fell in and out of favor over the years. It wasn't even a unanimous idea among the states as it had only been enshrined in some of the state's constitutions at the time.

Hey plenty of the authors of the document had a living document idea of it. Hamilton, for one, was very into implied powers. Jefferson, who was the leader of the Democratic-Republican Party, wasn't even in the country for the signing and was against ratification.

[Kuciwalker]

what did he win?

The court case! Marbury v. Madison, what you were talking about! The court ruled in his favor.

[Kuciwalker]

Are there any modern democracies that don't include judicial review?

[flash9286]

Are there any modern democracies that don't include judicial review?

Great Britain, France, and I think NZ

[Ramo]

As I said previously, only Alito, Roberts, and Scalia (my favorite) had experience in all three areas so I deem them best qualified.

How, exactly, did Roberts have more experience than Sotomayor when he was nominated? Please. Sotomayor is eminently qualified, and no one would be making these absurd assertions if she were a white man.

[Patroklos]

Nobody has claimed she is not qualified Ramo.

[SpencerH]

How, exactly, did Roberts have more experience than Sotomayor when he was nominated?

Sotomayor has no academic credentials which puts her in the group with Souter and Thomas. Roberts was a Professor at Georgetown University Law Center in addition to having practical legal experience.

............. and no one would be making these absurd assertions if she were a white man.

Of course not, no one has ever questioned the credentials of a Caucasian nominee for Supreme Court Justice.