Almost everything in modern “constitutional law” is based on a myth.
“A long, long time ago — 1803, if the storyteller is trying to be precise — in the famous case of Marbury v. Madison the Supreme Court of the United States created the doctrine of ‘judicial review.’ Judicial review is the power of the Supreme Court to decide the meaning of the Constitution and to strike down laws that the Court finds unconstitutional.”
Path to Liberty: July 17, 2019
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The Myth of Marbury v Madison
The Irrepressible Myth of Marbury
Popular Sovereignty, Judicial Supremacy, and the American Revolution: Why the Judiciary Cannot be the Final Arbiter of Constitutions
Primary Documents in American History
Full Opinion of the Court
The Supreme Court is Part of the Problem, But it Shouldn’t Be
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