Tuesday, August 16, 2011

Marbury v. Madison, for the ignorant septics

An anonymous idiot, said:

You mention Marbury v. Madison, 5 U.S. (1 Cranch) 137 (1803), quite a bit.

And for good reason. But anon missed this post: An Interesting Factoid. He also doesn't have an understanding of the fundamentals of Constitutional law.

Marbury is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring it "unconstitutional", a process called judicial review. The landmark decision helped define the "checks and balances" of the American form of government.

Since it defined judicial review, it also provided guidelines for that review--the most important of which is the one I keep mentioning--that "It cannot be presumed that any clause in the constitution is intended to be without effect".

According to Marbury, One cannot presume that any language in the Constitution is mere surplusage--is entirely without meaning.

Sorta sad statement about the US educational system that you have to get your civics lessons from a Brit!

Septic--Yank

3 comments:

  1. I recently learned about Marbury vs. Madison in an intermediate level American history quiz.

    Thanks for sharing.

    ReplyDelete
  2. Hey, Dipshit, I don't know what your story is, but you shouted obscenities at me on two posts.

    Now, you're thanking me?

    What in the fuck is up here?

    ReplyDelete
  3. I think Flying Junior had a bad day and for his trouble got an entire post dedicated to it.

    Today's a new dawn.

    ReplyDelete