Changing the Face of America

Jim Davies at Strike the Root makes the case that Marbury v Madison changed the face of America:

Here’s where the brain begins to bend. Marshall’s Court rejected Marbury’s suit, on the grounds that a mere act of Congress cannot delegate power to SCOTUS; that’s the right of the Constitution writers or amenders only (so far, so fair) and hence that Judiciary Act was unconstitutional and so Marbury was in the wrong jurisdiction. But then Marshall continued with the words quoted above: “It is emphatically the province and duty of the judicial department to say what the law is.” This is breathtaking; he was saying that Congress can not define the powers of the judicial branch, but that the judicial branch itself can! And he did so by declaring the act, which purported to give his court extra powers, to be void! Don’t know about you, but I think that’s one of the most cunning and hypocritical power-grabs in history.

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3 comments
Clay Barham
Clay Barham

FAIR PLAY FOR AMERICA
I recall, when going to college in the late fifties, the Fair Play for Cuba Committee people pressing the case for Castro’s take-over of Cuba, and what a great thing that was. Those same people rub elbows with Obama today and share leadership in the Democratic Party. They are advocating and working for a Fair Play for America. Like Michael Moore, they see Castro’s and Che’s Cuba as a model for community paradise, where the few elite Marxists rule the many and control their lives. They advocate the community view. It is their heaven. No one becomes a nail standing up that needs hammering down, and no one thinks out of the community bubble or lives out of the box made to hold them. In this way, these arrogant Marxist wonders can more easily manage the day to day needs of community and whatever production is expected from them. It’s just Fair Play, and that’s what most Americans voted to have in 2008. By the time Obama comes before the voters again, we will vote for him because he will promise he and his Marxists are the only ones who can get food to the community. Claysamerica.com

Clay Barham
Clay Barham

I would say the Alien and Sedition Acts and John Marshal's support of them was the turning point, though Jefferson's 1800 election did reverse the effects. I recently wrote a book called THE CHANGING FACE OF DEMOCRATS showing the contrast between 19th and 20th-21st century Democrats, from libertarian to Rousseau-Marx orientation.

Clay Barham
Clay Barham

Let's go back further, to THE CHANGING FACE OF DEMOCRATS on Amazon and claysamerica.com, when the 19th century Democrats followed Jefferson and Madison's libertarian policies, and the 20th century Democrats follow Rousseau and Marx. Here was our major switch, from individual freedom which gave us free markets and great prosperity, to the more important community interests.

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