BenNatuf
Limit Authority
also not exactly true.Yes.. plenty of laws are not in the constitution.... but ones that specifically grant powers to the federal government beyond those specifically granted in the constitution, are wrong...
Based on what authority? Rightist dogma?
just because the constitutional process has been thwarted for the sake of power, favor, lust, or whatever else, does not validate it's doing
What evidence do you have that the Constitutional process has been thwarted? That you disagree with how the Court has ruled over the decades? Thats not evidence, thats ignorant rightwing whining.
Here:
Helvering v. Davis
Correct.
Thats not completely accurate.
Marbury also codified the doctrine of judicial review and the Courts authority to interpret the meaning of the Constitution:
Also:
[Chief Justice Marshall] declared that Madison should have delivered the commission to Marbury; however, he ruled that the Court lacked the power to issue writs of mandamus. While a section of the Judiciary Act of 1789 granted the Court the power to issue writs of mandamus, the Court ruled that this exceeded the authority allotted the Court under Article III of the Constitution and was therefore null and void. So, while the case limited the court's power in one sense, it greatly enhanced it in another by ultimately establishing the court's power to declare acts of Congress unconstitutional. Just as important, it emphasized that the Constitution is the supreme law of the land and that the Supreme Court is the arbiter and final authority of the Constitution. As a result of this court ruling, the Supreme Court became an equal partner in the government.
FindLaw Supreme Court Center: Landmark Decisions
And as Professor Joel Grossman noted:
[T]he Court - in an opinion authored by Chief Justice John Marshall - ruled that it was not bound by an act of Congress that was "repugnant to the Constitution."
William Rehnquist has described Marbury as "the most famous case ever decided by the United States Supreme Court." But, at the time it was issued, neither Marshall nor his chief adversary (and cousin), Thomas Jefferson, could have imagined the further growth and acceptance of the power of judicial review that Marbury declared.
FindLaw's Writ - Grossman: The 200th Anniversary of Marbury v. Madison
Other branches of government may indeed interpret the Constitution in the context of their mandate; but the doctrine of judicial review is unique to the Supreme Court; as the Constitution is the supreme law of the land, so too are the Courts rulings they are consequently final and binding.
The dicta you cite in marbury applies to the courts in the apllication of the law. the SCOTUS rulings are final and binding on the courts. It of course effects the other branches because the executive would be waisting its time enforcing a law the courts would not apply. That however does not change the fact that the courts have NO power to force the executive to enforce a law they themselves deem unconstitutional. marbury in no way suggests the courts have either a monopoly or a supreme ability to interpret the law. No court ruling can prevent the congress from passing a law simply because the courts found a previous law unconstitutional (so much for the final say), neither could they stop the president from signing and enforcing it. What they could do is not apply the law in court when cases were bought before them rendering enforcement moot.
In fact, courts do not actually interpret the law in 99.99% of the cases, what they do is decide which of the interpretations presented to them is the more correct (and most times defer to the executives interpretation). it is the executive branch that must first interpret the law, how else could they enforce it? The court in it's function determines if the executive is interpreting the law correctly in its enforcement when they (the court) apply the law. They do this by listenning to arguments about how the law should be interpreted from the two appelant parties. they do not interpret the law for themselves, they decide between the interpretations presented to them.
Congress: Determine and define
Executive: Interpret and enforce
Courts: Decide and apply
also your essay there is misleading on one fact, the court in marbury did not declare that it alone was not bound by a law of the congress repugnant to the constitution, they declared that ALL agencies of government including the courts were not bound by an act of the congresss repugnant to the constitution. To declare that they alone were not bound would set the opinions of the court above the constitution itself.