Tag: judicial review
Marbury, Crackpots, and Judicial Supremacy

I just returned to the United States after a short-term teaching stint at European University in Tbilisi, Georgia. It seems I’ve arrived home on the tail end of a controversy over the venerable Marbury v. Madison decision. According to luminaries at the Washington Post, anyone who questions the greatness of Marbury is a “crackpot”...
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Eric Holder Responds to Judge Jerry Smith

As noted on Wednesday here at The Beacon, Judge Jerry Smith of the Fifth Circuit Court of Appeals ordered the Administration to address whether the federal courts have the power to declare an act of Congress unconstitutional. Here is the response from the Attorney General. No surprises found in the letter, other than a...
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Does (or Should) SCOTUS Have the Final Word on the ObamaCare Statute?

A war of words is brewing. Earlier this week The Beacon noted that the President suggested the Supreme Court would be engaging in judicial activism if it struck the individual mandate. Apparently, Judge Jerry Smith of the Fifth Circuit Court of Appeals did not like the President’s statement. Smith was sitting on a panel...
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