The Constitution gives the president a veto over legislation, but no second veto to the Court. It is entirely a legal myth that Marbury gave the Court a veto. It was Dred Scott wherein the Court attempted a coup d'etat against Congress, with the appropriate reaction by a North prepared to fight a civil war over it. But the reabsorbed CSA-dominated Congress post-civil war did not fight back against a Court that redoubled it's control, until FDR fought back in 1937. The nation has learned to hold its breath until the Court decides what's good for it, the very model of oligarchy the framers avoided on paper and in practice until 1857. Dred Scott remains the enduring charter for the second republic.
1 comment:
The Constitution gives the president a veto over legislation, but no second veto to the Court. It is entirely a legal myth that Marbury gave the Court a veto. It was Dred Scott wherein the Court attempted a coup d'etat against Congress, with the appropriate reaction by a North prepared to fight a civil war over it. But the reabsorbed CSA-dominated Congress post-civil war did not fight back against a Court that redoubled it's control, until FDR fought back in 1937. The nation has learned to hold its breath until the Court decides what's good for it, the very model of oligarchy the framers avoided on paper and in practice until 1857. Dred Scott remains the enduring charter for the second republic.
Post a Comment