Sorry bubba... it should have been amended to MAKE it constitutional... the process was NOT followed to begin with to actually grant that power to the fed...
As stated.. just because something was done wrongly, does not make it inherently validated
Again... show the power specifically granted within the constitution.... just because FDR stacked and changed the court to gain favor for what he wanted, does not mean it was correct to do so, even though his goal was achieved
If the Supreme Court is constitutional then its decisions are constitutional.
If you don't determine constitutionality by judicial review, how the hell else are you going to do it?
Watching Cons try and argue their way around this is always amusing.
I guess our system has been horribly flawed since Marbury V. Madison in 1803. I guess it took us less then 30 years to jump the tracks. The founding fathers would be so disappointed.
Oh wait...... Most of them were alive at that time. One of them, Jefferson, was even president. In fact, Marbury was a victory for Jefferson.
I just find it amusing when anyone claims fiat power over what this country "should be".
As if.
At any rate, I don't agree with the SCOTUS much, but I recognize that their function to determine the constitutionality of the laws of the land is entirely appropriate and logical even if not specifically enumerated.
Who else would do it?