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Response to FarCenter (Reply #6)

Wed Dec 14, 2011, 03:47 PM

8. In theory, this is true.


I read Marbury both as an undergrad and as a law student.

There is nothing to prevent Roberts, Alito, Scalia and Thomas from overturning the case, if they can persuade Kennedy, and literally reading the Constitution out of the Constutution if they so desire. For the Constitution is what the SCOTUS says it is and Marbury is only precedent, which can always be overruled, and not a part of the Constitution itself. And at least 4/9 of the current court seems to loathe everything about the post-1865 Constitution. I would put absolutely nothing past those crooked bastards after Citizens United.

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