Sunday, October 23, 2011

Republicans Turn Judicial Power Into a Campaign Issue

Republicans Turn Judicial Power Into a Campaign Issue:

Whatever the difficulty of achieving that change, it is not without support in legal circles. “Perry’s idea has been advanced by me and numerous other academic critics of the court,” said Paul D. Carrington, a law professor at Duke. “On this point he is absolutely right.”

Mr. Perry also discussed allowing Congress to override Supreme Court decisions by a two-thirds vote. Assuming that the power of judicial review established in Marbury v. Madison in 1803 continues to be accepted, this too would require a constitutional amendment.

But the Marbury decision, which gave the Supreme Court the last word in interpreting the Constitution, has its critics. Mr. Gingrich, for instance, told the Values Voter Summit in October that “judicial supremacy is factually wrong, it is morally wrong and it is an affront to the American system of self-government.”


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