The Myth of Judicial Supremacy
Forget Marbury v. Madison.Judicial supremacy is mostly an invention of the Warren Court.
The Supreme Court this morning declared that states cannot limit marriage to one man and one woman. But this is not the last word on the question.
Article VI of the Constitution reads: “This Constitution, and the laws of the United States made in pursuance thereof; and all treaties . . . shall be the supreme law of the land . . . ” The idea that Supreme Court interpretations of the Constitution are the supreme law of the land is a very recent contention.
“The candid citizen must confess that if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties in personal actions, the people will have ceased to be their own rulers, having, to that extent, practically resigned their government into the hands of that eminent tribunal.”
There are many procedures by which citizens can challenge the legality of decisions made by public bodies…
My right of peaceful political protest is recognised at law within Magna Carta 1297 the Imperial Acts Application Act 1922 & 1980 (VIC); Bill of Rights 1688;Section 51:35 of the Federal Australian Constitution, andsection 28 of the Federal Crimes Act 1914.