Dated
Almost the first act of the Supreme Court was treason. In Marbury v.
Madison, we see the convoluted, political thinking of the time. True, it
was a moment rare in the history of nations that a national power
structure must define itself. But, a closer look at the actual case
reveals the self-serving, illogical conclusions typical of the Supreme
Court today.
Ironically, the part of Marbury v. Madison that the Court found unconstitutional, which gave it the ability to interpret rights, rather than merely rule that a law is either Constitutional or unconstitutional, was finding that when the Judiciary Act of 1789 was passed that it gave the Supreme Court more jurisdiction than the Constitution allowed.
The correct ruling in this case should have been that since the Supreme Court did not have jurisdiction in the case that it was in appropriate for it to hear it unless it heard it as a consequence of a lower court ruling. As is clear, by Article III, Section 2, Clause 2:
Ironically, the part of Marbury v. Madison that the Court found unconstitutional, which gave it the ability to interpret rights, rather than merely rule that a law is either Constitutional or unconstitutional, was finding that when the Judiciary Act of 1789 was passed that it gave the Supreme Court more jurisdiction than the Constitution allowed.
The correct ruling in this case should have been that since the Supreme Court did not have jurisdiction in the case that it was in appropriate for it to hear it unless it heard it as a consequence of a lower court ruling. As is clear, by Article III, Section 2, Clause 2:
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