Audio Clips

31 January 2011

Congress Cannot Trump Its Creator

I'm reading Judge Andrew Napolitano's book Constitution in Exile and I came across this which I thought was a great summation of the illegitimacy of the Congress ignoring the Constitution.

"The powers of the legislative branch are...defined and limited by the Constitution, which is supreme, paramount, and superior to any legislative act. Because of this, the Court can negate any such act of Congress if it is 'repugnant' to the Constitution. As [Justice] Marshall saw it, Congress is only a creature created by the Constitution - it shouldn't be allowed to trump it creator.

"Marbury v. Madison is the most important court decision in American history because it created judicial review - the power of the Supreme Court, and eventually all federal courts, to examine a statute (and eventually the behavior of the president as well) and to declare it void if the court finds it to run counter to the Constitution.

"Marshall wrote that 'it is the very essence of judicial duty to decide if two laws conflict, which shall supersede, and whether any law conflicts with the Constitution, which is superior and must prevail." This entire argument is brilliant, rational, and consistent with the Natural Law principle that the creature (the Congress) cannot negate acts of its creator (the Constitution)." (Judge Andrew P. Napolitano, The Constitution in Exile, p. 33-34)

No comments: