FlowVoid ,

Sorry, I missed this part earlier:

Is that what you think Marbury is about?

In part, yes. But it's also a question of priority.

If Congress passed a law today that contradicted a law passed a hundred years ago, then the law passed today would replace the older law.

But what about the Constitution? Suppose Congress passed a law that said "Henceforth, Congress can make a law abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances"

Can a new law replace the Constitution, just as it replaces other older laws?

If the answer is "no" then Marbury is inescapable. Because if a law cannot replace the Constitution, then courts cannot enforce laws that they believe would violate the Constitution.

  • All
  • Subscribed
  • Moderated
  • Favorites
  • random
  • politics@lemmy.world
  • test
  • worldmews
  • mews
  • All magazines