So how long has Constitutionalism been dead? There are varying theories. I do have one data point. The missing Drug Prohibition Amendment. Missing since the Harrison Narcotics Act of 1914.
Constitutionalism
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So how long has Constitutionalism been dead? There are varying theories. I do have one data point. The missing Drug Prohibition Amendment. Missing since the Harrison Narcotics Act of 1914.
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6 responses to “Constitutionalism”
Federal income tax
Woodrow Wilson in general.
Or the civil war / war of northern aggression.
Possibly since Jefferson and the Louisiana Purchase, but most certainly since John Marshall and Marbury v. Madison in which the Court invalidated an Act of Congress.
No other Common Law country allowed the courts to invalidate acts of parliament until about 20 years ago, when the virus spread throughout the Anglo world (except UK). Nowhere in the Constitution is the Supreme Court granted the power to judge the validity of laws. That was a pure usurpation of Marshall.
Bob,
I see your point. Except we are a Constitutional Republic.
If Congress passes laws that violate the Supreme law (the Constitution) shouldn’t the courts be able to strike down such laws?
In fact – the lack of a Constitutional Amendment is what caused the Alcohol Prohibitionists to go for an Amendment. To silence the Republicans (the irony) who didn’t think the Federal government had such a power. They in fact expressed that in the discussion of the Harrison Narcotics Act.
it died when it claimed black person was 3/5 of a human being though it came back to life briefly at cemetery ridge on july 3 1863.
Cap,
That compromise was made to reduce the South’s power.
You are an idiot.