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Court stripping (Read 17 times)

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Serious Thumper

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Court stripping
12/21/21 at 15:59:56

We've all heard of 'court packing', so I thought that y'all might want to know about 'court stripping' which I only just found out about.

https://www.salon.com/2021/12/21/its-long-past-time-for-democrats-to-stand-up...

There is literally nothing in the Constitution that gives the Supreme Court the exclusive right to decide what the Constitution says. That is a power the Supreme Court took unto itself in 1803 in a decision, Marbury v. Madison, that drove then-President Jefferson nuts. He wrote:

[O]ur Constitution … has given — according to this opinion — to one of them alone the right to prescribe rules for the government of the others; and to that one, too, which is unelected by and independent of the nation. … The Constitution, on this hypothesis, is a mere thing of wax in the hands of the Judiciary which they may twist and shape into any form they please.

Court-stripping when it came to constitutionality was how this country operated for its first 70 years, including when all the men who wrote the Constitution were alive and in government.

MAGA! Make the Assholes Go Away

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WebsterMark

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Re: Court stripping
Reply #1 - 12/21/21 at 19:12:28

When Roberts conjured up the understanding the Obamacare penalty was actually a tax, when Blackmun came up with his own nonsense, everything was fine. Nothing to see here folks, move along.

Now all of a sudden, leftist walk backwards and surprisingly trip over the pile of judicial activism they stepped over regularly in the past. If Trump’s picks make decisions in conjunction with their lifelong beliefs, good for them (and good for the US) and a good reason to carve a small bust of Trump on the side of Mt Rushmore.

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