@rugonnacry,
rugonnacry;46513 wrote:LMAO... I think you had better Read Article 3 again, as well as Marbury Vs. Madison....
The constitution in fact (in article 3) as well as references in articles 1 and 2, give Scotus the power to determine cases... determining cases as pointed out by Alexander Hamilton involves interpreting law.
And Marbury VS Madison...
My head is spinning trying to grasp you point. It is almost as if you posted MY ammunition and aimed it at yourself.
Would you like to try again?
I tell you what Delete your post, and I will delete mine, and we will pretend that you did not just win this debate for me.
Quote:Section 1. The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.
Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.
In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.
The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.
There's the entire text of Article III. I'll assume you believe the power of judicial review comes from the first sentence of Section 2, it doesn't. It simply states that the SCOTUS has the power to rule on cases arising under the Constitution, it never once permits it to nullify laws as unconstitutional, nor does it permit SCOTUS to interpret the Constitution for "extra" rights or powers to the government or people.
Marbury v. Madison is studied by law schools and high school civics classes throughout the country BECAUSE it was the case that established judicial review of Congressional statute (as opposed to the power being established by the Constitution). Without this fact, there is no reason to study the case, as it simply involved the withholding of judicial commissions.
But yeah, you're right, judicial review is TOTALLY mentioned in Article III, the authors just didn't know where to include it, so they threw it in somewhere towards the end.
