Time to revisit Marbury?

By Jay Valentine

Is it time for America to revisit Marbury v. Madison?

The appeals court just gave President Trump a huge, although hidden, victory. For the first time on over 200 years, we are about to nationally ask the question: just who determines what is constitutional and what is not? Until now, it was the "grandeur" (yesterday's N.Y. Times comment) of the courts. Of course it was, because the courts will enact for liberals what the legislature will not.

How grand!

But trees do not grow to the sky, and today, an appeals court, backing up a liberal Seattle judge, clearly usurped the singularly most distinct executive prerogative: national security. This was the step too far. Certainly, it will play out over the months ahead in a way that will work out best for the country. Somehow, unknown today, the executive will again be able to make all national security decisions unfettered by liberal courts........... Read more

My Take - We have to understand this - the Constitution never gave the federal judiciary any undisputed right to make or change law.  In fact the Constitution gives very little direction as to what exactly their powers should be, but what the Constitution does is the Congress determines the jurisdiction of the federal judiciary, and it's time they stood up on their hind legs and did so.