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Old October 14, 2008, 11:23 AM   #25
Al Norris
Join Date: June 29, 2000
Location: Rupert, Idaho
Posts: 9,524
Originally Posted by Mike Irwin
Phyrric victory at best, Al.
One takes victory, in whatever manner it is presented.

The court was not engaged in a program of rejecting every piece of New Deal legislation 20 minutes after it came off of Roosevelt's desk.
Was that implied in what I wrote? I certainly don't think so.

When one studies the cases of the era, one can conclude that certain legislation was negated because it was an overreach of legislative powers. After the 1936 election, and the defection of Owens, one can also conclude that "something" happened; Several cases were decided in the governments favor that before had been decided against.

That "something" has always been open to debate.

Remember, it was the Supreme Court itself that decided, via Marbury v Madison, that it had the ultimate judicial review over laws passed by Congress and enacted by the President.

That was a role that the framers never envisioned, because they never wrote that role into the powers allocated to the Supreme Court.
That's actually a popular misconception. Jefferson played heavily upon that, BTW.

Judicial Review has been part and parcel of the judicial powers, as far back as the Magna Carta.

There really was no stretch in Marbury. If this were not so, the rest of the founders (who were mostly alive then) would have sounded the Hue and Cry. Jefferson led the charge, followed by whom?
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