Constitutional Concerns

[level_head]

The US Constitution does not need to be replaced or scrapped, as a number of folks on the left have suggested going back to President Woodrow Wilson. It does not need to be cured of its fatal flaws, so that Obama can implement redistribution of wealth and “break free” from the negative liberties placed by the founding fathers to prevent this, as

Comments

[ford_prefect42]

Well, yes and no. Yes, they can still ignore abuses, that's a given, however, the Marbury decision allows them to strike abuses too. It doesn't allow them to make new law, or to exacerbate other abuses, that's still the purview of congress. So, even though they ignore a lot of abuses, they still occasionally strike some, and that slows the pace of tyranny.

Lacking Marbury, the courts would functionally be *always* packed with judges that favored the currently dominant party, because the court would lack any ability to oppose excesses. The gateway would *always* be "wide open", rather than sometimes being somewhat closed.

Hmmm... You're suggesting that congress is in recess whenever the president says it is, and therefore, recess appointments can be made at any time? Possibly, had the president ordered congress to recess, and then made recess appointments, that argument might have held, however, he didn't notably exercise that power.

ETA: I would like to see the states exercise some checks as well, however, I suspect that we are beyond the time when that can be implemented as well.