regent
Gold Member
- Jan 30, 2012
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The Federalist Papers are simply letters to the editor and have no legal power. The Constitution is not clear on the role of the Supreme Court but America has accepted Marbury as the law of the land.Irrelevant to the point made...In in NO Federalist Paper is it delineated that USSC should be the final word on anything.The judicial power is to interpret the constitution. So says the federalist papers. The judiciary has not only the power but the obligation to put the constitution above any law.
Thus, if a law is contradicted by the constitution, the judiciary overturns that law and affirms the constitution.
And 'oligarchy'? I don't think that term means what you think it means.
In the Federalist papers it states that the role of the judiciary is to interpret the constitution and interpret the meaning of any given law. And if there is an irreconcilable variance between a law and the constitution, that the judiciary should put the constitution above the law.
It is the role of the judiciary to act as an intermediary between the people and the legislature and keep the legislature within the bounds of its authority. If the legislature oversteps and passes laws in contradiction of the constitution, the judiciary puts the constitution over the law. As its is the judiciary that interprets the *meaning* of the constitution.
Just because you don't know what the Federalist papers say on the matter doesn't mean the Federalist papers change. Or the the judicial power doesn't include the authority to interpret the constitution.