Before a law is passed, it undergoes the scrutiny of 536 people, right? 435 in the House, 100 in the Senate and the President who signs the legislation into law. So why is it that the judgment of the nine individuals on the Supreme Court hold more clout than 536 people? The answer is Marbury v. Madison.
I will admit up front that I am openly skeptical about the ruling of Marbury v. Madison. In other words, I have made a snap judgment that I don't agree with the ruling, but I realize I haven't done much research on the topic and could be swayed by a solid, factually backed argument.
Despite my open-minded approach, I do feel that the decision delivered with Justice Marshall as spokesman was dead wrong. Not only do I think the decision was wrong, but also Thomas Jefferson claimed that if this view of judicial power became accepted, it would be "placing us under the despotism of an oligarchy.
The grand question is whether the judicial branch of our government is to interpret the laws or to actually judge whether the law was legal to pass or not. Yes, I understand the system of checks and balances that exists within our government, but the problem is that if the courts in our country can judge the constitutionality of the laws passed, no one has a say after the ruling of the Supreme Court. Where is the check on that action?
The inherent issue that would chaff the conservative populous is that the judges are in a position to legislate from the bench through their rulings. The classic example currently is that of Roe v. Wade. The laws passed by the states and federal governments are irrelevant now when it comes to abortion because of the Supreme Courts ruling.
The Supreme Court ruled that the laws governing abortion passed in Texas were not in upholding with the constitution. Therefore, the Supreme Court ruled that, up until a certain point in the pregnancy, it was the woman's choice whether to have an abortion or not.
Now in my humble opinion, abortion has nothing to do with the 14th amendment--the foundation for the judgment--and instead everything to do with the 10th amendment. There was no federal law passed regarding abortion previous to this case, and therefore any state that had passed a law should have precedence according to the 10th amendment.
This is an example of how Marbury v. Madison allows the judges to legislate from the bench. In essence, a federal law has now been passed allowing abortion. Whether you are pro-choice or pro-life, the more pending issue is the fact that the Supreme Court can pass a law unchecked by the other branches of government. In other words, the voice of 9 men in black robes supercedes the decision of not only the 536 mentioned previously, but also all state and local governments, officials and laws.
I don't want to be President, I want to be a Supreme Court Justice!
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