- Mar 7, 2009
By the way, the doctrine in Marbury was that the Congress could not alter or enlarge enumerated constitutional powers. Just like the Congress cannot give the power to suppress rebellions to the army and navy when it was expressly given to the militia.
PS- You think he was mad for 16 years?
I don't think Marbury was about that. It was about acts of Congress in conflict with the Constitution and acts of Congress that conflicted with one another. The Insurrection Act has been a federal law since 1807, and has always been Constitutional and has been used to render other SCOTUS decisions and remains Constitutional today. Rather than more opinion, you can simple prove me wrong by producing any SCOTUS decision that has ruled it unconstitutional.