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In reply to the discussion: Scalia Says Court Can’t Be Bothered To Read Obamacare: ‘You Really Want Us To Go Through These 2,700 [View all]fasttense
(17,301 posts)of what is and isn't constitutional does NOT make it well...Constitutional.
Yes, the Supremes have overreached their authority even in Marbury v. Madison. The president has overreached too by taking on War powers and the kingly power to murder anyone at will. It's basically because the Senate and the House have allowed it. It's because very few in the federal government takes their oath seriously. They take an oath to the US Constitution NOT to the president, NOT to their Political party, NOT to Norquest, NOT to the people who voted them in, NOT to lobbyists and rich men. Very few people even attempt to uphold their interpretation of the Constitution. They go along with their party, with the president, with the status quo. It's easier than thinking for themselves.
But the Constitution never made the Supremes the final arbiters of the Constitution. We The People are the final arbiters. Our job is to vote out those who do NOT uphold the Constitution as we read it and interpret it. Unfortunately, it's easier to go along with political parties, the status quo and popular opinion. So, most people don't even judge their representatives based on their interpretation of the Constitution.