In Marbury v. Madison, the SCROTUS arbitrarily interpreted the Constitution as giving it the right to interpret the Constitution. This logical fallacy enabled a power play by the last of the Federalists, who had always wanted to establish an oligarchy of the economic elite but had been voted out of legislative existence by the American people because of the high-handed ways of Hamilton and Adams. If judicial review had been in the Constitution, the Court would have been exercising its tyranny over legislation from the very beginning instead of waiting 12 years to usurp power. I agree with publicly financed health services, but it is dangerous to our freedom to praise the SCROTUS for anything it does. It is an anti-democratic tribunal and must be stripped of its self-granted power to veto laws passed by the people or the people's elected representatives.
Nope, I'm not seeing it.
Article III | U.S. Constitution | LII / Legal Information Institute
Article III simply specifies a supreme court, that it has judiciary powers, and the extent of those judiciary powers.
If, in fact, the Supreme Courts judiciary powers is to interpret the law, then it is logically consistent that it has the judiciary power to interpret the Constitution.
Law can be written with such specificity as to make no interpretation possible. They aren't.
How did they go 12 years without having a Constitutional case? Surely, Adams's Sedition Act was questionable, if not a certain violation of the First Amendment. Why did they have to assert their power in
Marbury v. Madison if they already had that power? The Constitution says they can try cases, not laws, no more than an individual can plead "guilty, not guilty, or 'the law I'm being tried on is against a higher law.'" Why wouldn't a city judge be able to declare the defendant innocent because the ordinance violates the city charter? "Arising under the Constitution" also refers to cases, not laws, as far as judgment goes. That is, judging whether the case fits the law, not whether the law fits the Constitution. That is for Congress and the President to judge by voting or veto.
The most important thing is that anyone who supports this overlord is slavish and unAmerican.