Enforcing the Constitution

I have met this man on several occasions. He is one of the most unimposing and quiet people I have ever run across. You would never know he is one of the most knowledgeable and capable constitutional attorneys in the nation having testified to Congress on SCOTUS appointments.

Erwin Chemerinsky: In Marbury vs. Madison, in 1803, the Supreme Court declared that it is “the province and duty of the judicial department to say what the law is.”Quoting Chief Justice John Marshall from Marbury vs. Madison (1803) footnote 742, the Court declared:

“It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.”

Justice Elena Kagan in minority dissent:

Justice Elena Kagan wrote: “For the first time ever, this Court refuses to remedy a constitutional violation because it thinks the task beyond judicial capabilities. And not just any constitutional violation. The partisan gerrymanders in these cases deprived citizens of the most fundamental of their constitutional rights: the rights to participate equally in the political process, to join with others to advance political beliefs, and to choose their political representatives. In so doing, the partisan gerrymanders here debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people.”

The Supreme Court just abdicated its most important role: enforcing the Constitution

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