Quote:
Originally Posted by KirStang
Although Article III mentions jurisdiction "arising under the Constitution," it isn't strictly delegated in our Constitution. The Supreme Court made a power grab very very early on in our Nation's history, thus designating themselves as the ultimate arbiters of the Constitution. The tradition has been respected since. Very shrewd move.
See: Marbury v. Madison
Marbury v. Madison - Wikipedia, the free encyclopedia |
But the legal precedent in this country is for the judicial branch to review and disqualify laws, not for law enforcement officers to do so.
As much as people whine about what cops do now, it would be exponentially worse if we also had individual officers deciding on their own what was Constitutional and what wasn't.