And if all you cryptofacists out there can’t figure out why all these naughty, naughty judges are what you call “legislating from the bench,” let me please direct your attention to Exhibit C, the third most important document in American history, the Supreme Court’s decision in the truly, truly landmark 1803 case Marbury v. Madison.
now, if you’re gonna stop this cancer against the will of the American people, you’re gonna have to repeal Marbury. The catch is that the Supreme Court would have to repeal it, as they are the final arbiters of any matters of constitution, as laid out in the decision in the 1803 Marbury v. Madison case.
See where I’m going with this?
1. Chief Justice James Marshall (author of the decision) is one of the most brilliant and influential characters in American jurisprudence.
2. You’re going to have to get an institution to will itself out of power – a power that Marshall makes perfect sense that it should have.
3. Isn’t this 201 year old law as traditional and American as Mom, apple pie, and the definition of marriage as being between a man and a woman? To even doubt the right of the bench to make law goes against a great 200+ year old history of American law – and wouldn’t doubting that kind of history and tradition be, by your own definition – Un-American?