Tag: judicial supremacy
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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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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Ninth Circuit, Gay Marriage, and the Rule of Judges

Yesterday, to no one’s surprise, the Ninth Circuit Court of Appeals upheld the district court decision striking down Proposition 8 as violating the Fourteenth Amendment. The opinion can be found here courtesy of How Appealing. Similar to retired District Judge Vaughn Walker, the Ninth Circuit found that there was no legitimate reason for the...
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