Comment: funny you should cite Marbury here..

(See in situ)

In reply to comment: Marbury v. Madison (see in situ)

funny you should cite Marbury here..

..as that is the decision which initially determined/clarified/established (depend upon whom you talk to) the power of the Judicial branch to interpret the Constitution and rule on the constitutionality of hte acts of the other branches. So, you've cited the seminal opinion that lead to courts upholding as constitutional laws which seem on their face to directly contradict the constitution. That's right, without Marbury, no law abridging freedom of speech could exist, as the constitution says so. With Marbury, well, there's some complicated reasoning that a panel of judges engaged in which results in that very thing happening, sometimes. And so on.

"Two things are infinite: the universe and human stupidity; and I'm not sure about the the universe."-- Albert Einstein