• SoyfaceKillah [none/use name]
    ·
    3 years ago

    has no legal power determine whether laws are constitutional or not

    that's a big, almost sovereign citizen level, stretch. just because judicial review isn't explicitly conveyed to the Court in the plain text of the constitution, doesn't mean there's no basis in law. and even if marshall's arguments weren't good, just as a matter of positive law, yeah, the very fact that the entirety of american jurisprudence has the SC making these decisions, which are respected as binding and precedential, suggests that they are arbiters of consitutional law. the "bad man" listens to what the Court says, if we are being cleareyed and pragmatic about it.

    but sure, yeah, potus could ignore the SC, just as it could seize congress, or quarter troops in your home, or take your personal firearms, or whatever: any justification given would accepted, so long as everyone lets them do it, lol.