Supreme Court Power of Judicial Review - Unconstitutional

Lincoln understood when he was a young Illinois legislator that the general government could not force laws on the States.

Abraham Lincoln - Speech at Springfield, July 17, 1858

 

That is what this thread is about. In the original intent of the Constitution the Supreme Court did not get the power of judicial review. The founders left that power up to the States and the People. The Supreme Court assumed that power in 1803 with Marbury v. Madison. President Jefferson and Lincoln warned that by allowing the Supreme Court that much power would place us under the despotism of an oligarchy. They were right.

 

Who the heck is supposed to interpret the Constitution if not the SCOTUS?

 

what did the supreme court do if not judge laws on appeal to be constitutional or not, are you saying they would not be the final place for all appeals


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The founding fathers left that power to the States and the People upon ratification.

 

the states decide state level laws, and the SCOTUS can overturn any state law that is unconstitutional

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what goof would the 2nd amendment be if states did not have to abide by it?

 

That is true. No State may enforce any unconstitutional law.

 

That is not the argument. The original intent of the U.S. Constitution was that the general government could not force national laws on the States without an amendment to the Constitution. That is why the general government could not end slavery. Slavery was a state's right.

 

Then why did the Framers create the SCOTUS?

 

Article III

The Case Against Judicial Review

 

Your link states that the Supreme Court was created to declare laws unconstitutional. That seems to be what they're doing. What is the problem?

 

Read it again. That is not what that link says. It says the Supreme Court wasn't created to declare laws unconstitutional.

 

"Acts" are laws.

 

Well apparently Brother Jonathan.

 

I am not alone with this. I am simply sharing historical fact. Thomas Jefferson and Abraham Lincoln agree as does everyone at the Tenth Amendment Center.

 

did they just get started last week?

 

I am sure both of you are very committed to this.

 

If you are over 30 years old and don't already know this historic information... then you might want to ask yourself... Why? It is in the historical records.

 

Of course it does. The Supreme Court decides cases based on constitutional law. States are subject to the US constitution and under the supreme courts jurisdiction

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The court did not address the issue in minor, they addressed it in wong Kim ark

 

No, you are wrong. Are you just making misstatements or posting Propaganda? Quote the Wong Kim Ark decision that says anything about a "natural born citizen..." as stated in the Constitution for a requirement to become President. All the Wong Kim Ark decision did was clarify "citizenship," not "natural born citizenship." I'm wrong? Prove it. Cite chapter and verse in the Wong Kim Ark decision that said anything about "natural born"...

 

Asked and answered.

 

MOD EDIT : PLEASE REFRAIN FROM SAY HE LIED You can't answer the question because you know I'm right. You won't dare admit you are wrong... Quote the Wong Kim Ark decision that says anything about a "natural born citizen..." as stated in the Constitution for a requirement to become President.

 

I've already answered this. only 2 types of citizen exist in US law. citizen at birth(natural born citizen) and naturalized. that's it. there is no mysterious third classification. Wong Kim Ark settled who was a citizen at birth. It was later cited in the Obama eligibility case of Ankeny v Daniels.

The voters, the entire congress and the entire judiciary say you are wrong. sorry.

the decision is too long to post but here's a good place to start..................

and.....

http://www.law.cornell.edu/supremecourt/text/169/649

based on English common law, which the US legal system is based on, natural born subject and natural born citizen are the same thing.

Obama is a natural born citizen, since he was born in Hawaii. The courts all agree. The ENTIRE congress agrees. The voters agree. you lose.

 

The States are not subject to all parts of the Constitution. The States are only subject to those parts that were specifically written regarding the powers of the States, for example, the States do not have the power to print their own currency or enter into alliances with other states or foreign powers. Articles I-III are the powers delegated to the Federal Government. The first Ten Amendments are restrictions on the Federal Government only. This was understood by everyone at the time they were adopted. The 1st Amendment says, "Congress shall make no law..." in other words, the only body of men in the entire country who could ever violate the 1st Amendment is the Federal Congress.

 

You dont have a clue. Federal government couldnt end slavery until 1808 because the Constitution prohibited it

The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight,