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Politics : View from the Center and Left

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To: TigerPaw who wrote (8803)1/12/2006 12:48:25 PM
From: TimF  Read Replies (1) of 541625
 
Nonsense. Marbury vs Madison proclaimed that the court could interpret the constitution. It didn't claim that the court should "interpret" the constitution to mean anything the judges want it to mean. Interpreting the constitution involves reading constitution to figure out what it means. Marbury vs Madison asserted that the court has the power to strike down laws that do not agree with the constitution. Alito never argued against that idea. Other originialist don't either. What they argue against is the Supreme Court granting itself the power to make new law not based on what is actually in the constitution.

Tim
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