Thinking Citizen Blog —Tom, Abe, Frank, Don Versus John “Judicial Review” Marshall — Which Side Are You On?
Thinking Citizen Blog — Saturday is Justice, Freedom, Law, and Values Day
Today’s Topic — Tom, Abe, Frank, Don versus John “Judicial Review” Marshall — which side are you on?
Are you a real democrat (small “d” ) or are you deep down an elitist who believes that the “people” can’t be trusted and must be checked by a system of “checks and balances” including things like “constitutions” and “judicial review”? The United Kingdom, for example, doesn’t have a constitution and doesn’t have judicial review. Is that a better system? seriously, are you a small “d” democrat or an elitist? or is the question not fair? misconceived? are you a small “r” republican or a small “d” democrat?
Thomas Jefferson, Abraham Lincoln, Franklin D. Roosevelt were small “d” democrats who were not fans of judicial review. Thomas Jefferson said that judicial review made the Constitution “a thing of wax” and would lead to an oligarchy. Abraham Lincoln wrote that under a system of judicial review, the people no longer rule themselves. Franklin D. Roosevelt had a plan to pack the Court.
Of course, the most recent champion of so-called true democracy is Donald Trump. Does your position on “judicial review” depend on which party is in the White House? or on which party has a majority in the Supreme Court? Is it a principled position? Or is it derivative?
Is all that matters the fact that Trump is a lunatic, a fascist, or senile and must be controlled or are you a real small “d” democrat at heart?
Today, a few more notes. What do you know about “judicial review” here or abroad that the rest of us probably don’t but should?
Experts — please chime in. Correct, elaborate, elucidate.
THE POWER OF JUDICIAL REVIEW IS NOT IN THE CONSTITUTION, IT IS THE CREATION OF CHIEF JUSTICE JOHN MARSHALL IN THE HIGHLY CONTROVERSIAL CASE OF MARBURY V MADISON (1803) — below, John Marshall (1755–1835) he served as Chief Justice from 1801 to 1835, the longest serving Chief Justice in history
1. The idea of three co-equal branches is not in the Constitution!
2. It’s the creation of elitist Federalists like John Marshall or their intellectual descendants
3. Article One of the Constitution comes first in that document, covers the Legislative branch and, in my edition, is 10 pages long. Article Two covers the legislative branch and is four-and-a-half pages long. Article Three covers the judiciary and is less than two pages long.
NB: Article Three does not specify the number of judges in the Supreme Court or have an age requirement. Theoretically, you could be 18 years old and not have a college degree, not to mention a law degree!
THE NUMBER OF ARTICLES THREE JUDGES (EG. FEDERAL JUDGES) HAS RISEN ASTRONOMICALLY SINCE THE CONSTITUTION — from 6 (All in the Supreme Court) to 890 (2018)
1. 9 Supreme Court justices.
2. 179 judges of the Courts of Appeals
3. 677 judges of the US District Courts.
NB: 16 judges of the US Court of Federal Claims, and 9 judges of the Court of International Trade.
HOW MANY FEDERAL JUDGES SHOULD BE EMPOWERED TO STOP A LAWFULLY ELECTED PRESIDENT IN HIS TRACKS? (below Chief Justice Roberts)
1. 9 or 900?
2. For how long? days, months, years?
3. Who should decide?
NB: Should the court decide? or the people? or Congress? by what rule? is it time for another impeachment?
POST-SCRIPT — why I am no longer a bull on the US stock market — the third leg of my investment stool
1. For the last 40 years I have been basically bullish on the US stock market with a few notable exceptions (2000–2002; 2008–2009) for three reasons: inflation (you make money in nominal not real dollars), human ingenuity, and the fact that America is the greatest country in the world largely due to its power to attract the most intelligent, hardworking, ambitious humans on the planet (eg. immigrants).
2. I remain a believer in inflation and human ingenuity. I am no longer so sure that we will get enough immigrants to do the work that needs to be done and to regenerate the entrepreneurial capital to turbo-charge the next phase of economic growth.
3. Let’s pray together this Easter and Passover weekend that Mr. Trump will have an epiphany of some sort and change his tune on immigration. Fat chance! But positive thinking beats the alternatives!
NB: Remember, gratitude is not only the first of the virtues but the parent of all the others! Thank you, immigrants! Our past and our future!
The Constitution of the United States: A Transcription
https://en.wikipedia.org/wiki/Marbury_v._Madison
QUOTE OF THE MONTH
“Make your own Bible. Select and collect all the words and sentences that in all your readings have been to you like the blast of a trumpet.”
- Ralph Waldo Emerson
My spin — then periodically review, re-rank, and exchange your list with those you love. I call this the “Orion Exchange” because seven is about as many as any human can digest at a time. Game?
For the last four years of posts organized by theme:
PDF with headlines — Google Drive
Four special attachments below:
#1 A graphic guide to justice (9 metaphors on one page).
#2 “39 Songs, Prayers, and Poems: the Keys to the Hearts of Seven Billion People” — Adams House Senior Common Room Presentation, (11/17/20)
#4 Palestine Orion (Decision) — let’s exchange Orions, let’s find Rumi’s field (“Beyond all ideas of right and wrong, there is a field. Meet me there” Rumi, 13 century Persian Sufi mystic)
YOUR TURN
Please share the coolest thing you learned in the last week related to justice, freedom, the law or basic values.
Or the coolest, most important thing you learned in your life related to justice, freedom, the law, or basic values.
Or just some random justice-related fact that blew you away.
This is your chance to make someone’s day. Or to cement in your mind something that you might otherwise forget. Or to think more deeply about something dear to your heart.
