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ITJock
Happy Marbury Day!

Feb 24, 1803 - The Supreme Court of the US handed down the decision "Marbury v. Madison" establishing judicial review in the United States.

From Wikipedia:

"A landmark case in United States law, the basis for the exercise of judicial review of Federal statutes by the U.S. Supreme Court as a constitutional power. The Court ruled that it had the power to declare void a statute which it considered repugnant to the Constitution. Chief Justice John Marshall, in Marbury, legally established the right of the judiciary—and in particular, the Supreme Court— to overrule the actions of coequal branches of government and thus laid the basis for the current power of the Supreme Court."

"The only explicit definition given in the Constitution is in Article III, which states:

"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish… The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution…"

"The power to strike down laws is not specifically listed, but is an implied power derived from Article III, and Article VI, which declares that the Constitution is the supreme law of the land: no state or federal law is allowed to violate the Constitution. The ultimate court for deciding the constitutionality of federal or state law under the Constitution of the United States is the Supreme Court of the United States"

"Although judicial review has become an established part of constitutional law in the United States, some people disagree with the doctrine, or believe that it is unconstitutional since it is not specifically spelled out in the Constitution."

MIB, who is a Strict Constructionist, will of course be one of those to disagree.

biggrin.gif So all in good pun, we are having this little holiday just in his honor wink !


tongue.gif tongue.gif tongue.gif R


PS - I KNOW, I can't help myself with all the good puns lately; Sorry guys.
MIB
QUOTE
ITJock:
MIB, who is a Strict Constructionist
Incorrect.

QUOTE
will of course be one of those to disagree.
Incorrect.

QUOTE

  biggrin.gif   So all in good pun, we are having this little holiday just in his honor   wink   !


  tongue.gif      :p      :p   R
I am truly touched, though, that you recognize this anniversary and do so in my honor. Really, I'd like to thank the Academy... biggrin.gif
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