Those words were written by Chief Justice John Marshall in 1803 in the Supreme Court decision of “Marbury v. Madison” which established the principle of judicial review, something that is very much needed in our system of checks and balances.
The statement seems like a common sense statement, doesn’t it? But common sense is not something we find among most politicians who are striving to use their positions to attain power and wealth and push their tyrannical agendas. They will push the limits every day to attain that power and wealth, often KNOWING that what they’re doing is unconstitutional. They just don’t care.
Chief Marshall’s statement allowed, for the first time, according to the National Archives, the Supreme Court declaring “unconstitutional a law passed by Congress and signed by the President.”
Marshall concluded in the case, “The Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the constitution is void, and that courts, as well as other departments, are bound by that instrument.”
The National Archives says that although nothing in the Constitution gave the Court this specific power of judicial review, Marshall believed the court should have an equal role to the other two branches of government.
The National Archives points out, “When James Madison, Alexander Hamilton, and John Jay wrote a defense of the Constitution in The Federalist, they explained their judgement that a strong national government must have built-in restraints: ‘You must first enable government to control the governed; and in the next place oblige it to control itself.’”
The notion of judicial review has never been seriously challenged along the way but luckily for the Democrats (and many Republicans too), they have been able to get around most judicial review by inundating us with paperwork. They produce bills with thousands and thousands of pages and have their agencies write millions and millions of regulations that we must live by. It’s impossible to keep up.
The Federal Register currently has 905,667 documents (as of the time this was written), produced since 1994. And each of those documents can contain dozens or hundreds or thousands of pages.
It is safe to say that we are being governed unconstitutionally in a million different ways – but there is no way to fight it unless we dissolved every law since the Constitution was written and went back to scratch. The politicians have been getting away with lawlessness for years and it’s not about to stop now.
Join the Discussion
COMMENTS POLICY: We have no tolerance for messages of violence, racism, vulgarity, obscenity or other such discourteous behavior. Thank you for contributing to a respectful and useful online dialogue.